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Safety Zone; Blasting Operations, Demolition of Mattabassett Outfall, Connecticut River, Cromwell, CT
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: August 24, 2006 (Volume 71, Number 164)]
[Rules and Regulations]
[Page 49995-49997]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au06-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[CGD01-06-108]
RIN 1625-AA00
Safety Zone; Blasting Operations, Demolition of Mattabassett
Outfall, Connecticut River, Cromwell, CT
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
the demolition of the Mattabassett Outfall from August 9, 2006 through
August 30, 2006 in the waters of the Connecticut River off Cromwell,
CT. The zone will temporarily close all waters in the vicinity of the
Mattabessett Outfall within a three hundred (300) yard radius of the
blasting operations. This temporary safety zone is necessary to protect
the maritime community transiting the area from the potential safety
hazards associated with demolition and blasting operations. The safety
zone temporarily prohibits entry into or movement within this portion
of the Connecticut River during the closure period, unless authorized
by the Captain of the Port (COTP), Long Island Sound or the COTP's
designated representative.
DATES: This rule is effective from 7 a.m. EDT August 9, 2006 through 6
p.m. EDT on August 30, 2006.
ADDRESSES: Documents indicated in this preamble as being available in
the docket, are part of docket CGD01-06-108 and will be available for
inspection or copying at 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 Junior Grade D. Miller,
Chief, Waterways Management Division, Coast Guard Sector Long Island
Sound at (203) 468-4596.
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 because the logistics of the
blasting operations were not presented to the Coast Guard with
sufficient time to draft and publish an NPRM. Any delay encountered in
this regulation's effective date would be contrary to the public
interest since the safety zone is needed to prevent traffic from
transiting a portion of the Connecticut River during the blasting
operations and to provide for the safety of life on navigable waters.
For the same reasons, the Coast Guard finds, under 5 U.S.C.
553(d)(3), that good cause exists for making this rule effective less
than 30 days after publication in the Federal Register. The zone should
have a minimal negative impact on the public and navigation as it will
only be enforced for short periods of time during the actual blasting
operations and not enforced during the entire effective period,
allowing vessels to safely transit the Connecticut River off Cromwell, CT.
Background and Purpose
The Mattabassett Outfall located in Cromwell, CT, is currently
being demolished. When detonated, spread of the debris will be
minimized by blast matting. The blasting and demolition activities have
been approved by the Connecticut Department of Environmental
Protection. This blasting will also require a Coast Guard explosives
handling permit in accordance with 49 CFR 176 as the explosives being
used are being loaded onto vessels prior to being placed on the
respective piers. The loading of explosives onto vessels will be
monitored by Coast Guard personnel.
Discussion of Rule
This regulation establishes a temporary safety zone on the waters
of the Connecticut River, off Cromwell, CT, within a 300-yard radius of
the blasting operations being conducted at the Mattabassett Outfall.
This action is intended to prohibit vessel traffic in a portion of
the Connecticut River of Cromwell, CT, and to provide for the
protection of life and property of the maritime public. The safety zone
will be enforced for relatively short periods of time during the actual
blasting operations. Therefore, the zone will not be enforced during
the entire effective period from 7 a.m. EDT August 9, 2006 through 6
p.m. EDT on August 30, 2006. Marine traffic may transit safely through
the safety zone during the period when blasting operations are not
underway. All blasting operations shall be preceded 5 minutes before
the blast by 3 whistles; an additional 2 whistles will be given 1
minute prior to the blast with a final single whistle after the blast
indicating the ``all clear.''
The Captain of the Port anticipates minimal negative impact on
vessel traffic as the safety zone will only be enforced for short
periods of time during the actual blasting operations and not enforced
during the entire effective period. Public notifications will be made
prior to the effective period via local notice to mariners and marine
information broadcasts.
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.
We expect the economic impact of this rule to be so minimal that a
full Regulatory Evaluation is unnecessary. This rule will have minimal
impact on the public for the following reasons: This zone covers only a
small portion of the waters of the Connecticut River, and there is no
impact on commercial vessels. Additionally, the safety zone will only
be enforced for relatively short periods during blasting operations.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule will have a significant economic impact on
a substantial number of small entities. The term ``small entities''
comprises small
[[Page 49996]]
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 Connecticut River 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.
Assistance for Small Entities
Under subsection 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996 [Pub. L. 104-121], we want 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 will affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call Lieutenant Junior Grade D. Miller,
Chief, Waterways Management Division, Sector Long Island Sound, at
(203) 468-4596.
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 will 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 will 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
We have analyzed this rule under Commandant Instruction M16475.1D
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 the
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.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' 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.
[[Page 49997]]
? 2. Add temporary Sec. 165.T01-108 to read as follows:
Sec. 165.T01-108 Safety Zone; Blasting Operations, Demolition of
Mattabassett Outfall, Connecticut River, Cromwell, CT.
(a) Location. The following area is a safety zone: All waters of
the Connecticut River, from surface to bottom, within a three hundred
(300) yard radius of the blasting operations at Mattabassett Outfall
located off Cromwell, CT.
(b) Enforcement period. This rule is effective from 7 a.m. EDT
August 9, 2006 through 6 p.m. EDT on August 30, 2006.
(c) Definitions. (1) As used in this section, designated
representative means a Coast Guard Patrol Commander, including a Coast
Guard coxswain, petty officer, or other officer operating a Coast Guard
vessel and a Federal, State, and local officer designated by or
assisting the Captain of the Port (COTP).
(2) [Reserved]
(d) Regulations. ( 1) In accordance with the general regulations in
Sec. 165.23 of this part, entry into or movement within this zone by
any person or vessel is prohibited unless authorized by the Captain of
the Port (COTP), Long Island Sound or the COTP's designated representative.
(2) The safety zone is closed to all vessel traffic during blasting
operations, except as may be permitted by the COTP or the COTP's
designated representative.
(3) Vessel operators desiring to enter or operate within the safety
zone must contact the COTP or the COTP's designated representative to
obtain permission to do so. Vessel operators given permission to enter
or operate in the safety zone must comply with all directions given to
them by the COTP or the COTP's designated representative.
Dated: August 3, 2006.
P. J. Boynton,
Captain, U.S. Coast Guard, Captain of the Port, Long Island Sound.
[FR Doc. E6-14069 Filed 8-23-06; 8:45 am]
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