Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Rules and Regulations 7909

(10) General Counsel, St A–7, Defense

Mapping Agency, 8613 Lee Highway,

Fairfax, VA 22031–2137.

(11) Deputy Director for Acquisition,

St A-3, Defense Mapping Agency, 8613

Lee Highway, Fairfax, VA 22031–2137.

(12) Deputy Director for Command

Information, St A–11, Defense Mapping

Agency, 8613 Lee Highway, Fairfax, VA

22031–2137.

* * * * *

4. Section 320.11 is revised to read as

follows:.

§ 320.11 Specific exemptions.

All systems of records maintained by

the Defense Mapping Agency and its

components shall be exempt from the

requirements of 5 U.S.C. 552a(d)

pursuant to 5 U.S.C. 552a(k)(1), to the

extent that the system contains any

information properly classified under

Executive Order 12356 and that is

required by that Executive Order to be

kept secret in the interest of national

defense or foreign policy. This

exemption is applicable to parts of all

systems of records including those not

otherwise specifically designated for

exemptions herein which contain

isolated items of properly classified

information.

Dated: February 2, 1995.

L. M. Bynum,

Alternate OSD Federal Register Liaison

Officer, Department of Defense.

[FR Doc. 95–3313 Filed 2–9 –95; 8:45 am]

BILLING CODE 5000–04–F

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[COTP St. Louis 95–001]

RIN 2115–AA97

Safety Zone; Mississippi River, mile

57.8 to mile 55.8

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone on the

Mississippi River. This regulation is

needed to control vessel traffic in the

regulated area to facilitate construction

of stone filled weirs in or near the

navigable channel to ensure the safety of

the construction workers. The

regulation will restrict navigation in the

regulated area.

EFFECTIVE DATE: This regulation is

effective on January 30, 1995 and will

terminate on March 31, 1995.

FOR FURTHER INFORMATION CONTACT:

LT Siddall, Operations Officer, Captain

of the Port, St. Louis, Missouri at (314)

539–3823.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this regulation are

LTJG Andrew Cheney, Project Officer,

Marine Safety Office, St. Louis, Missouri

and LT S. M. Moody, Project Attorney,

Second Coast Guard District Legal

Office.

Regulatory History

In accordance with 5 U.S.C. 553, a

notice of proposed rulemaking has not

been 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 would have

been impracticable. Specifically, the

construction of the weirs can only be

undertaken below certain river stages

and due to the dynamic nature of the

river, insufficient time exists to publish

a notice of proposed rulemaking. As a

result, the Coast Guard deems it to be in

the public’s best interest to issue a

regulation immediately.

Background and Purpose

The Army Corps of Engineers

continues to improve channel

maintenance through constructing

passive channelizing structures. The

construction of the stone filled weirs is

necessary in this historically

troublesome area. As a result of this

construction this regulation is necessary

to provide safe working conditions and

navigation within the affected area.

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 economic

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 because the

restrictions are anticipated to be of short

duration. Changes will be announced by

Marine Safety Information Radio

Broadcast on VHF Marine Band Radio,

Channel 22 (157.1 MHZ). Mariners may

also call the Port Operations Officer,

Captain of the Port, St. Louis, Missouri

at (314) 539–3823 for current

information.

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,

this regulation is categorically excluded

from further environmental

documentation.

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 section 165.T02–027

is added, to read as follows:

§ 165.T02–027 Safety Zone: Mississippi

River.

(a) Location. The Mississippi River

between mile 57.8 and 55.8 is

established as a safety zone.
7910 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Rules and Regulations

(b) Effective Dates. This section

becomes effective on January 30, 1995

and will terminate on March 31, 1995.

(c) Regualtions. The general

regulations under § 165.23 which

prohibit entry into the described zone

without the authority of the Captain of

the Port, St. Louis, apply.

Dated: January 25, 1995.

S.P. Cooper,

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

Port, St. Louis, Missouri.

[FR Doc. 95–3431 Filed 2–9–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Huntington 95–001]

RIN 2115–AA97

Safety Zone; Ohio River, Mile 308.0 to

310.0, Symmes Creek, Chesapeake,

OH, and Adjacent Landside Areas

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is

establishing a safety zone on the Ohio

River, at the entrance to Symmes Creek,

Chesapeake, Ohio, and all adjacent

landside areas within a 1,000 foot radius

of each specific explosive detonation

site. This regulation is needed to control

vessel, vehicular, and pedestrian traffic

in the regulated area to prevent

potential safety hazards for transiting

vessels and the general public resulting

from the demolition of the 6th Street

Bridge at mile 308.7, Ohio River,

Huntington, West Virginia. Vessel

movements within this safety zone are

permitted under the criteria set forth in

this regulation.

EFFECTIVE DATES: This regulation is

effective at 6 a.m. EST on February 1,

1995. It terminates on June 1, 1995 at 8

p.m. EDT, unless terminated sooner by

the Captain of the Port Huntington.

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:

Drafting Information

The drafters of this regulation are LT

Sean Moon, Project Officer, Marine

Safety Office, Huntington, West Virginia

and LT S. Moody, Project Attorney,

Second Coast Guard District Legal

Office.

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 after Federal Register

publication. Following normal

rulemaking procedures would have

been impracticable. Specifically,

anticipated demolition operations,

including explosive detonations, as part

of a bridge removal project at mile

308.7, Ohio River, Huntington, West

Virginia, have created a situation which

presents an immediate hazard to

navigation, life, and property. As a

result, 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 demolition undertaken as a

part of the new bridge construction

under United States Coast Guard Bridge

Permit Number 4–90–2 dated May 25,

1990. The Captain of the Port

Huntington did not receive notice of the

explosive and demolition operations

until January 18, 1995. C.J. Mahan

Construction Company of Grove City,

Ohio, working under contract for the

State of West Virginia, completed

construction of the new bridge on

November 2, 1994. The bridge permit

included the requirement that the old

bridge be demolished within 180 days

of completion of the new bridge.

Landside dismantling of the old bridge

began shortly after completion of the

new bridge. Waterside demolition

operations, involving the use of crane

barges and explosives in and near the

navigation channel, will begin on or

about February 1, 1995 at mile 308.7 on

the Ohio River. Completion of the

bridge removal is expected to occur on

or before June 1, 1995. Bridge spans and

bridge piers will be removed in sections,

one at a time, over a period of several

months. In addition to the explosive

hazard associated with several different

detonations, the regular presence of a

crane barge, tow boats and submerged

steel will pose an obstructive hazard to

waterborne traffic operating in the

vicinity of the project work site. In order

to provide for the safety of vessel and

vehicular traffic and the general public,

the Captain of the Port Huntington

intends to regulate vessel traffic in that

portion of the Ohio River and Symmes

Creek where the explosives and steel

removal operations will be taking place,

and to work with local law enforcement

officials to secure all landside areas

within a 1,000 foot radius of each

specific blast site until the hazard from

the explosive detonations is mitigated.

During critical phases of the

demolition project, the affected portions

of the Ohio River, the entrance to

Symmes Creek, and adjacent landside

areas in proximity to the blast site will

be subject to periodic closures. No

vessels will be allowed to transit either

waterway when blasting and steel

removal operations will affect safe

navigation. Additionally, local law

enforcement officials will secure

landside areas as appropriate to

safeguard the general public from the

explosive hazard during detonations.

Notification of river and creek closure

will be made via Broadcast Notice to

Mariners at periods 24 hours, 2 hours,

and 5 minutes prior to each blast.

Notification will be via VHF radio

channel 16.

During all river and creek entrance

closures, two boats will be available for

the security of the closed river area. The

boats will be placed up and down river

of the blasting area. These boats will

patrol and warn any recreational/

commercial vessel traffic of the

impending blast.

No blasting will be permitted unless

all river and creek traffic is removed to

a safe location outside of the blasting

area. No blasting will take place when

there is restricted visibility (the

contractor must be able to see from bank

to bank before blasting). No blasting will

take place unless the river stage is at or

below 5 feet above normal pool and

falling.

Unless overtaken by circumstances,

periodic river and creek closures will be

less than 24 hours in duration. Closures

of Symmes Creek will be very

abbreviated, during blasting operations

only. Closures of the Ohio River will be

during blasting and clearing operations

and will remain in effect until the river

is cleared and the safety of transiting

vessels is ensured. Local law

enforcement officials will restrict access

and secure landside areas as necessary

to protect the public from explosive

hazards. Road closures, evacuations,

and other appropriate security measures

will be imposed for abbreviated periods

only.

When the blasting and obstructive

hazards have been mitigated, the

Captain of the Port Huntington will

reopen the river and creek. Notification

of the reopening of the river and creek

will be via VHF radio on channel 16.

The entrance to Symmes Creek will be

reopened to vessel traffic entering the

Ohio River upon the conclusion of each

blasting operation. Vessels transiting to

or from Symmes Creek must contact the

on scene contractor vessels for passing

instructions to ensure safe operation

within the safety zone. Local law

enforcement officials will reopen

landside areas immediately upon

conclusion of blasting operations.