Safety Zone; Blasting Operations, Demolition of Bridge Piers: Sikorsky Bridge Over the Housatonic River Between Stratford and Milford, CT, 55539-55541 [05-18937]
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Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations
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
Coast Guard, DHS.
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
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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
AGENCY:
ACTION:
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:
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
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55539
will be monitored by Coast Guard
personnel.
Discussion of Rule
This rule establishes a temporary
safety zone on all waters within 300yards 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
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Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations
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
VerDate Aug<31>2005
15:53 Sep 21, 2005
Jkt 205001
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.
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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
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Federal Register / Vol. 70, No. 183 / Thursday, September 22, 2005 / Rules and Regulations
requirements, Security measures,
Waterways.
ENVIRONMENTAL PROTECTION
AGENCY
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
40 CFR Parts 52 and 81
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
Designation of Areas for Air Quality
Planning Purposes; Illinois; Lyons
Township PM–10 Redesignation and
Maintenance Plan
I
[R05–OAR–2005–IL–0002; FRL–7972–7]
1. The authority citation for part 165
continues to read as follows:
I
2. From 6 a.m. on September 26, 2005,
until 6 p.m. on October 6, 2005, add
temporary § 165.T01–085 to read as
follows:
I
§ 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 onscene 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
VerDate Aug<31>2005
15:53 Sep 21, 2005
Jkt 205001
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
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.
SUMMARY: EPA is approving the State of
Illinois’ request to redesignate to
attainment the Lyons Township
(McCook) area currently designated as
nonattainment of the National Ambient
Air Quality Standard (NAAQS) for
particulate matter with an aerodynamic
diameter less than or equal to a nominal
10 micrometers (PM–10). We are also
approving the Lyons Township
maintenance plan, submitted by the
Illinois Environmental Protection
Agency (IEPA) on August 2, 2005, as a
revision to the PM–10 State
Implementation Plan (SIP) for this area.
DATES: This ‘‘direct final’’ rule is
effective on November 21, 2005, unless
EPA receives adverse written comments
by October 24, 2005. If EPA receives
adverse comment, it will publish a
timely withdrawal of the rule in the
Federal Register and inform the public
that the rule will not take effect.
ADDRESSES: Submit comments,
identified by Regional Material in
EDocket (RME) ID No. R05–OAR–2005–
IL–0002, by one of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
Agency Web site: https://
docket.epa.gov/rmepub/. Regional RME,
EPA’s electronic public docket and
comments system, is EPA’s preferred
method for receiving comments. Once
in the system, select ‘‘quick search,’’
then key in the appropriate RME Docket
identification number. Follow the online instructions for submitting
comments.
E-mail: mooney.john@epa.gov.
Fax: (312) 886–5824.
Mail: You may send written
comments to: John M. Mooney, Chief,
Criteria Pollutant Section, (AR–18J),
U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago,
Illinois 60604.
Hand delivery: Deliver your
comments to: John M. Mooney, Chief,
Criteria Pollutant Section (AR–18J), U.S.
Environmental Protection Agency,
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55541
Region 5, 77 West Jackson Boulevard,
18th floor, Chicago, Illinois 60604. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 AM to 4:30 PM excluding
Federal holidays.
Instructions: Direct your comments to
RME ID No. R05–OAR–2005–IL–0002.
EPA’s policy is that all comments
received will be included in the public
docket without change, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through RME, regulations.gov,
or e-mail. The EPA RME Web site and
the federal regulations.gov Web site are
‘‘anonymous access’’ systems, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through RME or
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the public docket and made
available on the Internet. If you submit
an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses. For additional instructions on
submitting comments, go to Section I of
the SUPPLEMENTARY INFORMATION section
of the related proposed rule which is
published in the Proposed Rules section
of this Federal Register.
Docket: All documents in the
electronic docket are listed in the RME
index at https://docket.epa.gov/rmepub/.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Publicly available docket materials are
available either electronically in RME or
in hard copy at Environmental
Protection Agency, Region 5, Air and
Radiation Division, 77 West Jackson
Boulevard, Chicago, Illinois 60604. We
recommend that you telephone Christos
Panos, Environmental Engineer, at (312)
353–8328 before visiting the Region 5
office. This Facility is open from 8:30
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]]>Agencies
[Federal Register Volume 70, Number 183 (Thursday, September 22, 2005)]
[Rules and Regulations]
[Pages 55539-55541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18937]
-----------------------------------------------------------------------
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
[[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.
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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
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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.
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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
