55536 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[COTP San Francisco Bay 05–008] 

RIN 1625–AA87 

Security Zones; San Francisco Bay, 

San Pablo Bay, Carquinez Strait, 

Suisun Bay, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing temporary fixed security 

zones in the waters extending 

approximately 100 yards around six 

separate oil refinery piers in the San 

Francisco Bay area. These security 

zones are an integral part of the Coast 

Guard’s efforts to protect these facilities 

and the surrounding areas from 

destruction or damage due to accidents, 

subversive acts, or other causes of a 

similar nature. Entry into the zones is 

prohibited, unless specifically 

authorized by the Captain of the Port 

(COTP) San Francisco Bay, or his 

designated representative. These zones 

will be subject to discretionary and 

random patrol and monitoring by Coast 

Guard, Federal, state and local law 

enforcement assets. 

DATES: This rule is effective from 11:59 

p.m. PDT on September 9, 2005, to 

11:59 p.m. PST on March 31, 2006. 

ADDRESSES: Documents indicated in this 

preamble, as being available in the 

docket, are part of docket COTP 05–008 

and are available for inspection or 

copying at the Waterways Safety Branch 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Lieutenant Ian Callander, Waterways 

Safety Branch, U.S. Coast Guard Sector 

San Francisco, (510) 437–3401 or the 

Sector San Francisco Command Center, 

at (415) 399–3547. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Under 5 U.S.C. 553(b)(3)(B), 

the Coast Guard finds that good cause 

exists for not publishing an NPRM 

because the threat to U.S. assets and the 

public currently exists and is ongoing 

and any delay in the effective date of 

this temporary final rule (TFR) is 

impractical and contrary to the public 

interest. 

For the same reasons, 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. 

Elsewhere in this issue of the Federal 

Register we have published a notice of 

proposed rulemaking (NPRM) under 

docket COTP San Francisco Bay 05–007, 

in which we will propose to make 

permanent these six temporary security 

zones. This TFR will provide security 

around the marine oil refinery facilities 

during the notice-and-comment 

rulemaking that proposes to make the 

security zones in these same locations 

permanent. 

Background and Purpose 

In its effort to manage the threat posed 

by terrorist activity, the Coast Guard has 

increased safety and security measures 

on U.S. ports and waterways. The 

measures contemplated by this rule are 

intended to assist the Coast Guard in 

protecting vessels and facilities within 

or adjacent to the six marine oil 

terminals in San Francisco Bay. As part 

of the Diplomatic Security and 

Antiterrorism Act of 1986 (Pub. L. 99–

399), Congress amended section 7 of the 

Ports and Waterways Safety Act 

(PWSA), 33 U.S.C. 1226, to allow the 

Coast Guard to take actions, including 

the establishment of security and safety 

zones, to prevent or respond to acts of 

terrorism against individuals, vessels, or 

public or commercial structures. The 

Coast Guard also has authority to 

establish security zones pursuant to the 

Act of June 15, 1917, as amended by the 

Magnuson Act of August 9, 1950 (50 

U.S.C. 191 et seq.) and implementing 

regulations promulgated by the 

President in subparts 6.01 and 6.04 of 

part 6 of title 33 of the Code of Federal 

Regulations. 

To address the aforementioned 

security concerns, and to take steps to 

prevent the catastrophic impact that a 

terrorist attack against marine oil 

terminals within San Francisco Bay 

would have on the public interest, the 

Coast Guard is establishing temporary 

fixed security zones in the waters 

extending approximately 100 yards 

around six separate oil refinery piers in 

the San Francisco Bay, California. These 

security zones help the Coast Guard to 

prevent vessels or persons from 

engaging in terrorist actions against 

these facilities. Due to heightened 

security concerns, and due to the 

catastrophic impact a terrorist attack on 

a marine oil terminal would have on the 

surrounding waterways, area, and 

community, security zones are prudent 

for these facilities. 

Discussion of Rule 

In this temporary final rule, the Coast 

Guard is establishing temporary fixed 

security zones in the waters extending 

from the surface to the sea floor and 

approximately 100 yards around six 

separate oil refinery piers in the San 

Francisco Bay Area. The specific 

coordinates defining these zones are 

given in paragraph (a) of temporary 

section 33 CFR 165.T11–039. 

For the Chevron-Texaco oil facility, 

the proposed security zone would 

extend approximately 100 yards into the 

waters of San Francisco Bay around the 

Chevron Long Wharf, located in 

Richmond, California. 

For the Conoco-Phillips oil facility, 

the proposed security zone would 

extend approximately 100 yards into the 

waters of San Pablo Bay around the 

Conoco-Philips Wharf, located in 

Rodeo, California. 

For the Shell Martinez oil facility, the 

proposed security zone would extend 

approximately 100 yards into the waters 

of Carquinez Strait around the Shell 

Terminal, located in Martinez, 

California. 

For the Tesoro-Amorco oil facility, the 

proposed security zone would extend 

approximately 100 yards into the waters 

of Carquinez Strait around the Amorco 

Pier, located in Martinez, California. 

For the Valero oil facility, the 

proposed security zone would extend 

approximately 100 yards into the waters 

of Carquinez Strait around the Valero 

Pier, located in Benicia, California. 

For the Tesoro-Avon oil facility, the 

proposed security zone would extend 

approximately 100 yards into the waters 

of Suisun Bay around the Avon Pier, 

located in Martinez, California. 

These zones will be subject to 

discretionary and random patrol and 

monitoring by Coast Guard, Federal, 

State and local law enforcement assets. 

Vessels and people may be allowed to 

enter these security zones on a case-bycase basis with authorization from the 

COTP or his designated representative. 

Vessels or persons violating this rule 

will be subject to the penalties set forth 

in 33 U.S.C. 1232 and 50 U.S.C. 192. 

Pursuant to 33 U.S.C. 1232, any 

violation of the security zone described 

herein, is punishable by civil penalties 

(not to exceed $32,500 per violation, 

where each day of a continuing 

violation is a separate violation), 

criminal penalties (imprisonment up to 

6 years and a maximum fine of 

$250,000), and in rem liability against 

the offending vessel. Any person who 

violates this section, using a dangerous 

weapon, or who engages in conduct that 

causes bodily injury or fear of imminent 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55537 

bodily injury to any officer authorized 

to enforce this regulation, also faces 

imprisonment up to 12 years. Vessels or 

persons violating this section are also 

subject to the penalties set forth in 50 

U.S.C. 192: Seizure and forfeiture of the 

vessel to the United States, a maximum 

criminal fine of $10,000, and 

imprisonment up to 10 years, and a civil 

penalty of not more than $25,000 for 

each day of a continuing violation. 

The Captain of the Port may enlist the 

aid and cooperation of any Federal, 

State, county, municipal, or private 

agency to assist in the enforcement of 

the regulation. 

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 impact of this rule to 

be so minimal that a full regulatory 

evaluation under the regulatory policies 

and procedures of DHS is unnecessary. 

Although this rule restricts access to the 

waters encompassed by the security 

zones, the effect of this rule is not 

significant because: (i) The zones 

encompass only small portions of the 

waterways; (ii) vessels are able to pass 

safely around the zones; and (iii) vessels 

may be allowed to enter these zones on 

a case-by-case basis with permission of 

the Captain of the Port or his designated 

representative. 

The size of the zones is the minimum 

necessary to provide adequate 

protection for all of the six marine oil 

facilities. The entities most likely to be 

affected are fishing vessels and pleasure 

craft engaged in recreational activities 

and sightseeing. 

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. We 

expect this rule may affect owners and 

operators of vessels, some of which may 

be small entities, intending to fish, 

sightsee, transit, or anchor in the waters 

affected by these security zones. These 

security zones will not have a 

significant economic impact on a 

substantial number of small entities for 

several reasons: small vessel traffic will 

be able to pass safely around the 

security zones and vessels engaged in 

recreational activities, sightseeing and 

commercial fishing have space outside 

of the zones to engage in these activities. 

Small entities and the maritime public 

will be advised of these security zones 

via public notice to mariners. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Public Law 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). 

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 

55538 Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 

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, 

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), of the 

Instruction, from further environmental 

documentation because we are 

establishing a security zone. 

An ‘‘Environmental Analysis Check 

List’’ and a ‘‘Categorical Exclusion 

Determination’’ (CED) will be available 

in the docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ 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 

■ 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. 

■ 2. Add temporary § 165.T11–039, to 

read as follows: 

§ 165.T11–039 Security Zones; San 

Francisco Bay, San Pablo Bay, Carquinez 

Strait, Suisun Bay, California. 

(a) Locations. The following areas are 

security zones: 

(1) Chevron Richmond Long Wharf, 

San Francisco Bay. This security zone 

includes all waters extending from the 

surface to the sea floor within 

approximately 100 yards of the Chevron 

Richmond Long Wharf and 

encompasses all waters in San Francisco 

Bay within a line connecting the 

following geographical positions—

Latitude Longitude 

37°55′52.2′′ N 122°24′04.7′′ W 

37°55′41.8′′ N 122°24′07.1′′ W 

37°55′26.8′′ N 122°24′35.9′′ W 

37°55′47.1′′ N 122°24′55.5′′ W 

37°55′42.9′′ N 122°25′03.5′′ W 

37°55′11.2′′ N 122°24′32.8′′ W 

37°55′14.4′′ N 122°24′27.5′′ W 

37°55′19.7′′ N 122°24′23.7′′ W 

37°55′22.2′′ N 122°24′26.2′′ W 

37°55′38.5′′ N 122°23′56.9′′ W 

37°55′47.8′′ N 122°23′53.3′′ W 

and along the shoreline back to the 

beginning point. 

(2) Conoco-Phillips, San Pablo Bay. 

This security zone includes all waters 

extending from the surface to the sea 

floor within approximately 100 yards of 

the Conoco-Phillips Rodeo Terminal 

and encompasses all waters in San 

Pablo Bay within a line connecting the 

following geographical positions—

Latitude Longitude 

38°03′06.0′′ N 122°15′32.4′′ W 

38°03′20.7′′ N 122°15′35.8′′ W 

38°03′21.8′′ N 122°15′29.8′′ W 

38°03′29.1′′ N 122°15′31.8′′ W 

38°03′23.8′′ N 122°15′55.8′′ W 

38°03′16.8′′ N 122°15′53.2′′ W 

38°03′18.6′′ N 122°15′45.2′′ W 

38°03′04.0′′ N 122°15′42.0′′ W 

and along the shoreline back to the 

beginning point. 

(3) Shell Martinez, Carquinez Strait. 

This security zone includes all waters 

extending from the surface to the sea 

floor within approximately 100 yards of 

the Shell Martinez Terminal and 

encompasses all waters in San Pablo 

Bay within a line connecting the 

following geographical positions—

Latitude Longitude 

38°01′39.8′′ N 122°07′40.3′′ W 

38°01′54.0′′ N 122°07′43.0′′ W 

38°01′56.9′′ N 122°07′37.9′′ W 

38°02′02.7′′ N 122°07′42.6′′ W 

38°01′49.5′′ N 122°08′08.7′′ W 

38°01′43.7′′ N 122°08′04.2′′ W 

38°01′50.1′′ N 122°07′50.5′′ W 

38°01′36.3′′ N 122°07′47.6′′ W 

and along the shoreline back to the 

beginning point. 

(4) Tesoro-Amorco, Carquinez Strait. 

This security zone includes all waters 

extending from the surface to the sea 

floor within approximately 100 yards of 

the Tesoro-Amorco oil terminal wharf 

and encompasses all waters in the 

Carquinez Strait within a line 

connecting the following geographical 

positions—

Latitude Longitude 

38°02′03.1′′ N 122°07′11.9′′ W 

38°02′05.6′′ N 122°07′18.9′′ W 

38°02′07.9′′ N 122°07′14.9′′ W 

38°02′13.0′′ N 122°07′19.4′′ W 

38°02′05.7′′ N 122°07′35.9′′ W 

38°02′00.5′′ N 122°07′31.1′′ W 

38°02′01.8′′ N 122°07′27.3′′ W 

38°01′55.0′′ N 122°07′11.0′′ W 

and along the shoreline back to the 

beginning point. 

(5) Valero, Carquinez Strait. This 

security zone includes all waters 

extending from the surface to the sea 

floor within approximately 100 yards of 

the Valero Benicia Pier and 

encompasses all waters in the Carquinez 

Strait within a line connecting the 

following geographical positions—

Latitude Longitude 

38°02′37.6′′ N 122°07′51.5′′ W 

38°02′34.7′′ N 122°07′48.9′′ W 

38°02′44.1′′ N 122°07′34.9′′ W 

38°02′48.0′′ N 122°07′37.9′′ W 

38°02′47.7′′ N 122°07′42.1′′ W 

and along the shoreline back to the 

beginning point. 

(6) Tesoro-Avon, Suisun Bay. This 

security zone includes all waters 

extending from the surface to the sea 

floor within approximately 100 yards of 

the Tesoro-Avon Wharf and 

encompasses all waters in Suisun Bay 

within a line connecting the following 

geographical positions—

Latitude Longitude 

38°02′24.6′′ N 122°04′52.9′′ W 

38°02′54.0′ N 122°05′19.5′′ W 

38°02′55.8′′ N 122°05′16.1′′ W 

38°03′02.1′′ N 122°05′19.4′′ W 

38°02′55.1′′ N 122°05′42.6′′ W 

38°02′48.8′′ N 122°05′39.2′′ W 

38°02′52.4′′ N 122°05′27.7′′ W 

38°02′46.5′′ N 122°05′22.4′′ W 

and along the shoreline back to the 

beginning point. 

(b) Regulations. (1) In accordance 

with the general regulations in § 165.33, 

entry into the security zones described 

in paragraph (a) of this section is 

prohibited, unless specifically 

authorized by the Captain of the Port 

San Francisco Bay, or his designated 

representative. 

(2) Persons desiring to transit the area 

of a security zone may contact the 

Captain of the Port at telephone number 

415–399–3547 or on VHF–FM channel 

16 (156.8 MHz) to seek permission to 

transit the area. If permission is granted, 

all persons and vessels must comply 

with the instructions of the Captain of 

Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations 55539 

the Port or his designated 

representative. 

(c) Enforcement. All persons and 

vessels must comply with the 

instructions of the Coast Guard Captain 

of the Port or the designated on-scene 

patrol personnel. Patrol personnel 

comprise commissioned, warrant, and 

petty officers of the Coast Guard 

onboard Coast Guard, Coast Guard 

Auxiliary, local, state, and federal law 

enforcement vessels. Upon being hailed 

by U.S. Coast Guard patrol personnel by 

siren, radio, flashing light, or other 

means, the operator of a vessel must 

proceed as directed. 

The U.S. Coast Guard may be assisted 

in the patrol and enforcement of these 

security zones by local law enforcement 

as necessary. 

(d) Effective period. This section 

becomes effective at 11:59 p.m. PDT on 

September 9, 2005, and will terminate at 

11:59 p.m. PST on March 31, 2006. 

Dated: September 9, 2005. 

W.J. Uberti, 

Captain, U.S. Coast Guard, Captain of the 

Port, San Francisco Bay, California. 

[FR Doc. 05–18936 Filed 9–21–05; 8:45 am] 

BILLING CODE 4910–15–P 

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. 

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