[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Rules and Regulations]
[Pages 55539-55541]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18937]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD01-05-085]
RIN 1625-AA00


Safety Zone; Blasting Operations, Demolition of Bridge Piers: 
Sikorsky Bridge Over the Housatonic River Between Stratford and 
Milford, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone within 
300-yards of the Sikorsky Bridge, which runs between Milford and 
Stratford, CT. This temporary safety zone is necessary to protect the 
maritime community transiting the area from the potential safety 
hazards associated with the demolition and blasting operations of the 
piers of the old Sikorsky Bridge. Entry into this zone is prohibited 
unless authorized by the Captain of the Port, Long Island Sound, New 
Haven, Connecticut.

DATES: This rule is effective from 6 a.m. September 26, 2005 through 6 
p.m. October 6, 2005.

ADDRESSES: Comments and material received from the public, as well as 
documents indicated in this preamble as being available in the docket, 
are part of docket CGD01-05-085 and are available for inspection or 
copying at Coast Guard Sector Long Island Sound, New Haven, CT, between 
9 a.m. and 3 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lieutenant A. Logman, Chief, Waterways 
Management Division, Coast Guard Sector Long Island Sound at (203) 468-
4429.

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. The Coast Guard was notified 
by the bridge owner, Connecticut Department of Transportation, of the 
dates of blasting and demolition operations on August 24, 2005, leaving 
insufficient time to draft and publish an NPRM and to publish a final 
rule more than 30 days prior to the effective date. Under 5 U.S.C. 
(d)(3), the Coast Guard finds that good cause exists for making this 
rule effective in less than 30 days after publication in the Federal 
Register. Any delay in the effective date of this rule would be 
contrary to the public interest as immediate action is necessary to 
close a portion of the Housatonic River within the vicinity of the 
Sikorsky Bridge to protect the maritime public from the hazards 
associated with blasting and debris removal operations for four piers 
from the old Sikorsky Bridge.

Background and Purpose

    The Connecticut Route 15 Bridge over the Housatonic River, also 
known as the Sikorsky Bridge, is currently being rebuilt. Part of this 
process has included the demolition of the old Sikorsky Bridge. Piers 
from the old Bridge remain as hazards to navigation in the waterway and 
must be removed prior to further construction of the southern span of 
the new bridge. When detonated, spread of the debris will be minimized 
by a containment structure around each bridge pier. The blasting and 
demolition activities have been approved by the Connecticut Department 
of Environmental Protection to conduct blasting operations. This 
blasting will also require a Coast Guard explosives handling permit in 
accordance with 46 Code of Federal Regulations Part 176 as the 
explosives being used are being loaded onto vessels prior to being 
placed on the respective piers. The explosives loads onto vessels will 
be monitored by Coast Guard personnel.

Discussion of Rule

    This rule establishes a temporary safety zone on all waters within 
300-yards of the Piers of the old Sikorsky Bridge, Route 15 Bridge over 
the Housatonic River running between Milford and Stratford, CT. This 
action is intended to prohibit entry of persons and vessel traffic in a 
portion of the Housatonic River for the protection of life and property 
of the maritime public from the potential hazards associated with 
blasting operations and demolition of four piers of the old Sikorsky 
Bridge. The safety zone will be in effect for approximately 8 days; 
however, the zone will only be enforced for approximately four-30 
minute periods during the blasting of each of the four bridge piers 
being demolished. Public notifications will be made of this safety zone 
via marine information broadcasts beginning 1 hour prior to the 
detonation of the explosives for each of the four piers. The 
detonations will take place during daylight hours, and will be 
conducted during high tide.
    Any violation of the safety zone described herein, is punishable 
by, among others, civil and criminal penalties, in rem liability 
against the offending vessel, and license sanctions.

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).
    We expect the economic impact of this rule to be so minimal that a 
full Regulatory Evaluation under the regulatory policies and procedures 
of DHS is unnecessary. This rule may have some impact on the public, 
but these potential impacts will be minimized for the following 
reasons: This zone covers only a portion of the waters of the 
Housatonic River, and does not impact commercial vessels. Although this 
safety zone is in effect for 8 days, the safety zone will only be 
enforced during blasting operations, encompassing approximately 4 
thirty minute periods over the 8 days.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have 
considered

[[Page 55540]]

whether this rule will 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 may affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit or anchor in those portions of the Housatonic River that are 
covered by the safety zone.
    For the reasons outlined in the Regulatory Evaluation section 
above, this rule will not have a significant impact on a substantial 
number of small entities.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.

Assistance for Small Entities

    Under subsection 213(a) of the Small Business Regulatory 
Enforcement Fairness Act of 1996 [Pub. L. 104-121], the Coast Guard 
wants to assist small entities in understanding this rule so that they 
can better evaluate its effects on them and participate in the 
rulemaking. If this rule would affect your small business, 
organization, or governmental jurisdiction and you have questions 
concerning its provisions or options for compliance, please call 
Lieutenant A. Logman, Chief, Waterways Management Division, Sector Long 
Island Sound, at (203) 468-4429.
    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).

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 would not concern 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 would 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. It has not been designated by the Administrator of the 
Office of Information and Regulatory Affairs 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

    The Coast Guard analyzed this rule under Commandant Instruction 
M16475.1D, which guides 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) from further environmental documentation. This rule 
fits the category selected from paragraph (34)(g), as it establishes a 
safety zone. An Environmental Analysis Checklist and Categorical 
Exclusion Determination are available for review at the location listed 
under ``ADDRESSES''.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping

[[Page 55541]]

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 NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1225 and 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. From 6 a.m. on September 26, 2005, until 6 p.m. on October 6, 2005, 
add temporary Sec.  165.T01-085 to read as follows:


Sec.  165.T01-085  Safety Zone: Blasting operations, demolition of 
bridge piers: Sikorsky Bridge over the Housatonic River between 
Stratford and Milford, CT.

    (a) Location. All waters of the Housatonic River within 300 yards 
of the Sikorsky Bridge, over Route 15 between Stratford and Milford, 
CT.
    (b) Enforcement period. The safety zone will be enforced from 6 
a.m. on September 26, 2005 until 6 p.m. on September 29, 2005, and from 
6 a.m. on October 3, 2005, until 6 p.m. on October 6, 2005.
    (c) Regulations. (1) In accordance with the general regulations in 
165.23 of this part, entry into or movement within this zone is 
prohibited unless authorized by the Captain of the Port (COTP), Long 
Island Sound.
    (2) All persons and vessels must comply with the Coast Guard 
Captain of the Port or designated on-scene patrol personnel. On-scene 
Coast Guard patrol personnel include commissioned, warrant, and petty 
officers of the Coast Guard on board Coast Guard, Coast Guard 
Auxiliary, and local, state, and Federal law enforcement vessels. Upon 
being hailed by siren, radio, flashing light or other means from a U.S. 
Coast Guard vessel or other vessel with on-scene patrol personnel 
aboard, the operator of the vessel shall proceed as directed.

    Dated: September 9, 2005.
Peter J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. 05-18937 Filed 9-21-05; 8:45 am]
BILLING CODE 4910-15-P