Safety Zone; Potomac River, Alexandria Channel, DC, 67303-67306 [E6-19676]

Download as PDF Federal Register / Vol. 71, No. 224 / Tuesday, November 21, 2006 / Rules and Regulations No assistance was requested from any small entity. 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 would not affect 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, eliminates 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 create an environmental risk to health or risk to safety that might disproportionately affect children. cprice-sewell on PROD1PC66 with RULES 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 VerDate Aug<31>2005 14:15 Nov 20, 2006 Jkt 211001 67303 Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. List of Subjects in 33 CFR Part 117 Energy Effects I 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. 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.lD 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 a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (32)(e) of the Instruction, from further environmental documentation because it has been determined that the promulgation of operating regulations for drawbridges are categorically excluded. Frm 00009 Fmt 4700 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: I Authority: 33 U.S.C. 499; Department of Homeland Security Delegation No. 0170.1; 33 CFR 1.05–1(g); section 117.255 also issued under the authority of Pub. L. 102–587, 106 Stat. 5039. 2. In § 117.733, paragraph (b)(2) is revised to read as follows: I § 117.733 New Jersey Intracoastal Waterway. * Technical Standards PO 00000 Bridges. Regulations Sfmt 4700 * * * * (b)(2) Year-round from 11 p.m. to 8 a.m., and at all times from December 1 to March 31, the draw need only open if at least four hours notice is given. * * * * * Dated: November 7, 2006. L.L. Hereth, Rear Admiral, United States Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. E6–19673 Filed 11–20–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [CGD05–06–109] RIN 1625–AA00 Safety Zone; Potomac River, Alexandria Channel, DC Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone covering certain waters of the Potomac River within a 500-foot radius of an explosives demolition site at the Virginia approach of the old Woodrow Wilson Memorial Bridge, located near Alexandria, Virginia, in position latitude 38°47′36″ N, longitude 077°02′19″ W. This safety zone is necessary to provide for the safety of life and property during the fracturing of the west counterweight box by the use of explosives. This safety zone is intended to restrict maritime traffic in order to E:\FR\FM\21NOR1.SGM 21NOR1 67304 Federal Register / Vol. 71, No. 224 / Tuesday, November 21, 2006 / Rules and Regulations protect mariners from the hazards associated with the demolition. DATES: This rule is effective from 2 a.m. on November 20, 2006 through 3 a.m. on November 21, 2006. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket CGD05–06– 109 and are available for inspection or copying at Commander, U.S. Coast Guard Sector Baltimore, 2401 Hawkins Point Road, Baltimore, Maryland 21226–1791, between 8 a.m. and 4 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Ronald L. Houck, Waterways Management Division, at (410) 576– 2674. SUPPLEMENTARY INFORMATION: cprice-sewell on PROD1PC66 with RULES 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. Publishing an NPRM and delaying its effective date would be contrary to the public interest, because there is not sufficient time to publish a proposed rule in advance of the event and immediate action is needed to protect persons and vessels against the hazards associated with a demolition with explosives, such as premature detonation or falling debris. 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. This safety zone of short duration is needed to provide for the safety of persons and vessels on the Potomac River and the public at large. Advance notification of the safety zone and the demolition will be provided to the public via marine information broadcasts and by local media. Background and Purpose At 2:30 a.m. local time on November 20, 2006, Engineered Explosive Services will fracture via an explosion the west counterweight box (a large block of concrete which counterbalanced the original drawbridge leaves over the west side of the shipping channel) for the old Woodrow Wilson Memorial Bridge, which is located within the bridge pier on the western side of the shipping channel and situated totally above the waterline near Alexandria, Virginia. Provisions will be in place to minimize flyrock and seismographs will be in place on the Virginia shoreline to measure predicted minimal vibration levels. The explosion will use approximately 100 pounds of explosives VerDate Aug<31>2005 14:15 Nov 20, 2006 Jkt 211001 in the form of linear shape charges. Due to the need for vessel control during the explosion, maritime traffic will be temporarily restricted to provide for the safety of transiting vessels. Discussion of Rule The Coast Guard is establishing a temporary safety zone on certain waters of the Potomac River. The temporary safety zone will be enforced from 2 a.m. through 3 a.m. on November 20, 2006, and if necessary due to unexpected circumstances, from 2 a.m. through 3 a.m. on November 21, 2006. The effect will be to restrict general navigation in the area during the event. No person or vessel may enter or remain in the safety zone. Vessels will be allowed to transit the waters of the Potomac River outside the safety zone. This safety zone is needed to control vessel traffic during the event to enhance the safety of transiting vessels. 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). Although this rule prevents traffic from transiting a portion of the Potomac River during the event, the effect of this rule will not be significant due to the limited duration of the regulation and limited size of the safety zone, and the extensive notifications that will be made to the maritime community via marine information broadcasts and local media, so mariners can adjust their plans accordingly. We expect the economic impact of this proposed rule to be so minimal that a full Regulatory Evaluation under the regulatory policies and procedures of DHS is unnecessary. 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 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 a significant economic impact on a substantial number of small entities. This rule will affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit or anchor in a portion of the Potomac River from 2 a.m. through 3 a.m. on November 20, 2006, and if necessary due to unexpected circumstances, from 2 a.m. through 3 a.m. on November 21, 2006. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. The fracturing via an explosion of the west counterweight box for the old Woodrow Wilson Memorial Bridge near Alexandria, Virginia will only take ten minutes and the area affected is small. The safety zone will only apply to the Virginia side of the Potomac River, including the entire width of the federal navigation channel at the old Woodrow Wilson Memorial Bridge. Vessel traffic not constrained by its draft, which small entities usually are, will be able to safely pass around the zone. Before the effective period, we will issue maritime advisories widely available to users of the harbor. Therefore, Coast Guard certifies under section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that this temporary final rule will not have a significant economic impact on a substantial number of small entities. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 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). E:\FR\FM\21NOR1.SGM 21NOR1 Federal Register / Vol. 71, No. 224 / Tuesday, November 21, 2006 / Rules and Regulations 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. cprice-sewell on PROD1PC66 with RULES 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 VerDate Aug<31>2005 14:15 Nov 20, 2006 Jkt 211001 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 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 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 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. This rule establishes a safety zone. Under figure 2–1, paragraph (34)(g), of the Instruction, an ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are available in the docket. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 67305 For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: I PART 165—REGULATED NAVIATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: I 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.T05–109 to read as follows: I § 165.T05–109 Safety Zone; Potomac River, Alexandria Channel, DC. (a) Location. The following area is a safety zone: All waters located in the Potomac River, within a 500-foot radius of an explosives demolition site at the Virginia approach of the old Woodrow Wilson Memorial Bridge, located near Alexandria, Virginia, in position latitude 38°47′36″ N, longitude 077°02′19″ W (NAD 83). (b) Regulations. All persons are required to comply with the general regulations governing safety zones in 33 CFR 165.23 of this part. (1) All vessels and persons are prohibited from entering this zone, except as authorized by the Coast Guard Captain of the Port, Baltimore, Maryland. (2) Persons or vessels requiring entry into or passage within the zone must request authorization from the Captain of the Port or his designated representative by telephone at (410) 576–2693 or on marine band radio channel 16 VHF–FM. (3) All Coast Guard assets enforcing this safety zone can be contacted on marine band radio channels 13 and 16 VHF–FM. (4) The operator of any vessel within or in the immediate vicinity of this safety zone shall: (i) Stop the vessel immediately upon being directed to do so by any commissioned, warrant or petty officer on board a vessel displaying a Coast Guard Ensign, and (ii) proceed as directed by any commissioned, warrant or petty officer on board a vessel displaying a Coast Guard Ensign. (c) Definitions. The Captain of the Port means the Commander, Coast Guard Sector Baltimore or any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port to act on his behalf. (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol and enforcement of the zones by Federal, State and local agencies. E:\FR\FM\21NOR1.SGM 21NOR1 67306 Federal Register / Vol. 71, No. 224 / Tuesday, November 21, 2006 / Rules and Regulations (e) Enforcement period. This section will be enforced from 2 a.m. through 3 a.m. on November 20, 2006, and if necessary due to unexpected circumstances, from 2 a.m. through 3 a.m. on November 21, 2006. Dated: November 6, 2006. Jonathan C. Burton, Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, Maryland. [FR Doc. E6–19676 Filed 11–20–06; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [COTP St. Petersburg 06–220] RIN 1625–AA00 Safety Zone; Sanibel Island Bridge Span C, Ft. Myers Beach, FL Coast Guard, DHS. Temporary final rule. AGENCY: ACTION: SUMMARY: The Coast Guard is establishing a temporary safety zone on the waters of San Carlos Bay, Florida in the vicinity of the Sanibel Island Bridge span ‘‘C’’ while bridge construction is conducted. This rule is necessary to ensure the safety of the construction workers and mariners on the navigable waters of the United States. DATES: This rule is effective from 6 a.m. on November 1, 2006, through 9 p.m. on June 30, 2007. ADDRESSES: Documents indicated in this preamble as being available in the docket are part of docket [COTP 06–220] and are available for inspection or copying at Coast Guard Sector St. Petersburg, Prevention Department, 155 Columbia Drive, Tampa, Florida 33606– 3598 between 7:30 a.m. and 3:30 p.m., Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Waterways Management Division at Coast Guard Sector St. Petersburg, (813) 228–2191, Ext. 8307. SUPPLEMENTARY INFORMATION: cprice-sewell on PROD1PC66 with RULES 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 bridge contractor did not provide the information for the bridge construction with sufficient time to publish an NPRM. The Coast Guard did not receive VerDate Aug<31>2005 14:15 Nov 20, 2006 Jkt 211001 the scope of work for the remaining construction until September 28, 2006, at a meeting held with the contractors. Publishing an NPRM and delaying its effective date would be contrary to the public interest since immediate action is needed to minimize potential danger to the construction workers and mariners transiting the area. The Coast Guard will issue a broadcast notice to mariners to advise mariners of the restriction. 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. The Coast Guard will issue a broadcast notice to mariners and local law enforcement vessels will be in the vicinity of this zone to advise mariners of the restriction. Background and Purpose Boh Brothers Construction will be performing construction work on the Sanibel Island Bridge between November, 2006, and June, 2007. This work will involve setting girders, setting the deck, setting overhangs, placing resteel, pouring the bridge deck, and wrecking the old bridge’s deck on the Sanibel Island Bridge span ‘‘C’’. These operations will require placing a barge in the navigational channel. The nature of this work and the close proximity of the channel present a hazard to mariners transiting the area. This safety zone is being established to ensure the safety of life on the navigable waters of the United States. Discussion of Rule The safety zone encompasses the following waters of San Carlos Bay, Florida: all waters from surface to bottom, within a 400 foot radius of the following coordinates: 26°27.416′ N, 082°02.083′ W. Vessels are prohibited from anchoring, mooring, or transiting within this zone, unless authorized by the Captain of the Port Sector St. Petersburg or his designated representative. This rule is effective from 6 a.m. on November 1, 2006 through 9 p.m. on June 30, 2007. However, the safety zone will only be enforced from 6 a.m. until 9 p.m. on certain dates during that time, while construction operations are occurring. The Coast Guard does not know the exact dates of the construction operations at this time, but Coast Guard Sector St. Petersburg will give notice of the enforcement of the safety zone by issuing Broadcast Notice to Mariners 24 to 48 hours prior to the start of enforcement. On-Scene notice will be provided by Coast Guard or other local law enforcement maritime units PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 enforcing the safety zone as designated representatives of Captain of the Port Sector St. Petersburg. 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. 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. This rule may affect the following entities, some of which may be small entities: The owners or operators of vessels intending to transit near the Sanibel Island Bridge span ‘‘C’’ from 6 a.m. on November 1, 2006 through 9 p.m. on June 30, 2007. This safety zone will not have a significant economic impact on a substantial number of small entities for the following reasons. This rule will only be enforced when vessel traffic is expected to be minimal, additionally, traffic will be allowed to enter the zone with the permission of the Captain of the Port Sector St. Petersburg or designated representative. Assistance for Small Entities Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 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 entities may contact the office listed under FOR FURTHER INFORMATION CONTACT for assistance in understanding and participating in this rulemaking. We also have a point of contact for commenting on actions by employees of the Coast Guard. 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 E:\FR\FM\21NOR1.SGM 21NOR1

Agencies

[Federal Register Volume 71, Number 224 (Tuesday, November 21, 2006)]
[Rules and Regulations]
[Pages 67303-67306]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19676]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[CGD05-06-109]
RIN 1625-AA00


Safety Zone; Potomac River, Alexandria Channel, DC

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone 
covering certain waters of the Potomac River within a 500-foot radius 
of an explosives demolition site at the Virginia approach of the old 
Woodrow Wilson Memorial Bridge, located near Alexandria, Virginia, in 
position latitude 38[deg]47'36'' N, longitude 077[deg]02'19'' W. This 
safety zone is necessary to provide for the safety of life and property 
during the fracturing of the west counterweight box by the use of 
explosives. This safety zone is intended to restrict maritime traffic 
in order to

[[Page 67304]]

protect mariners from the hazards associated with the demolition.

DATES: This rule is effective from 2 a.m. on November 20, 2006 through 
3 a.m. on November 21, 2006.

ADDRESSES: Documents indicated in this preamble as being available in 
the docket are part of docket CGD05-06-109 and are available for 
inspection or copying at Commander, U.S. Coast Guard Sector Baltimore, 
2401 Hawkins Point Road, Baltimore, Maryland 21226-1791, between 8 a.m. 
and 4 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ronald L. Houck, Waterways Management 
Division, at (410) 576-2674.

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. Publishing an NPRM and 
delaying its effective date would be contrary to the public interest, 
because there is not sufficient time to publish a proposed rule in 
advance of the event and immediate action is needed to protect persons 
and vessels against the hazards associated with a demolition with 
explosives, such as premature detonation or falling debris.
    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. This safety zone of short duration 
is needed to provide for the safety of persons and vessels on the 
Potomac River and the public at large. Advance notification of the 
safety zone and the demolition will be provided to the public via 
marine information broadcasts and by local media.

Background and Purpose

    At 2:30 a.m. local time on November 20, 2006, Engineered Explosive 
Services will fracture via an explosion the west counterweight box (a 
large block of concrete which counterbalanced the original drawbridge 
leaves over the west side of the shipping channel) for the old Woodrow 
Wilson Memorial Bridge, which is located within the bridge pier on the 
western side of the shipping channel and situated totally above the 
waterline near Alexandria, Virginia. Provisions will be in place to 
minimize flyrock and seismographs will be in place on the Virginia 
shoreline to measure predicted minimal vibration levels. The explosion 
will use approximately 100 pounds of explosives in the form of linear 
shape charges. Due to the need for vessel control during the explosion, 
maritime traffic will be temporarily restricted to provide for the 
safety of transiting vessels.

Discussion of Rule

    The Coast Guard is establishing a temporary safety zone on certain 
waters of the Potomac River. The temporary safety zone will be enforced 
from 2 a.m. through 3 a.m. on November 20, 2006, and if necessary due 
to unexpected circumstances, from 2 a.m. through 3 a.m. on November 21, 
2006. The effect will be to restrict general navigation in the area 
during the event. No person or vessel may enter or remain in the safety 
zone. Vessels will be allowed to transit the waters of the Potomac 
River outside the safety zone. This safety zone is needed to control 
vessel traffic during the event to enhance the safety of transiting 
vessels.

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).
    Although this rule prevents traffic from transiting a portion of 
the Potomac River during the event, the effect of this rule will not be 
significant due to the limited duration of the regulation and limited 
size of the safety zone, and the extensive notifications that will be 
made to the maritime community via marine information broadcasts and 
local media, so mariners can adjust their plans accordingly. We expect 
the economic impact of this proposed rule to be so minimal that a full 
Regulatory Evaluation under the regulatory policies and procedures of 
DHS is unnecessary.

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. This rule will affect the following entities, some of which 
may be small entities: The owners or operators of vessels intending to 
transit or anchor in a portion of the Potomac River from 2 a.m. through 
3 a.m. on November 20, 2006, and if necessary due to unexpected 
circumstances, from 2 a.m. through 3 a.m. on November 21, 2006. This 
safety zone will not have a significant economic impact on a 
substantial number of small entities for the following reasons. The 
fracturing via an explosion of the west counterweight box for the old 
Woodrow Wilson Memorial Bridge near Alexandria, Virginia will only take 
ten minutes and the area affected is small. The safety zone will only 
apply to the Virginia side of the Potomac River, including the entire 
width of the federal navigation channel at the old Woodrow Wilson 
Memorial Bridge. Vessel traffic not constrained by its draft, which 
small entities usually are, will be able to safely pass around the 
zone. Before the effective period, we will issue maritime advisories 
widely available to users of the harbor. Therefore, Coast Guard 
certifies under section 605(b) of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) that this temporary final rule will not have a 
significant economic impact on a substantial number of small entities.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 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).

[[Page 67305]]

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 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 
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 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. This rule establishes a safety zone.
    Under figure 2-1, paragraph (34)(g), of the Instruction, an 
``Environmental Analysis Check List'' and a ``Categorical Exclusion 
Determination'' are available in the docket.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.


0
For the reasons discussed in the preamble, the Coast Guard amends 33 
CFR part 165 as follows:

PART 165--REGULATED NAVIATION AREAS AND LIMITED ACCESS AREAS

0
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.


0
2. Add temporary Sec.  165.T05-109 to read as follows:


Sec.  165.T05-109  Safety Zone; Potomac River, Alexandria Channel, DC.

    (a) Location. The following area is a safety zone: All waters 
located in the Potomac River, within a 500-foot radius of an explosives 
demolition site at the Virginia approach of the old Woodrow Wilson 
Memorial Bridge, located near Alexandria, Virginia, in position 
latitude 38[deg]47'36'' N, longitude 077[deg]02'19'' W (NAD 83).
    (b) Regulations. All persons are required to comply with the 
general regulations governing safety zones in 33 CFR 165.23 of this 
part.
    (1) All vessels and persons are prohibited from entering this zone, 
except as authorized by the Coast Guard Captain of the Port, Baltimore, 
Maryland.
    (2) Persons or vessels requiring entry into or passage within the 
zone must request authorization from the Captain of the Port or his 
designated representative by telephone at (410) 576-2693 or on marine 
band radio channel 16 VHF-FM.
    (3) All Coast Guard assets enforcing this safety zone can be 
contacted on marine band radio channels 13 and 16 VHF-FM.
    (4) The operator of any vessel within or in the immediate vicinity 
of this safety zone shall:
    (i) Stop the vessel immediately upon being directed to do so by any 
commissioned, warrant or petty officer on board a vessel displaying a 
Coast Guard Ensign, and
    (ii) proceed as directed by any commissioned, warrant or petty 
officer on board a vessel displaying a Coast Guard Ensign.
    (c) Definitions. The Captain of the Port means the Commander, Coast 
Guard Sector Baltimore or any Coast Guard commissioned, warrant or 
petty officer who has been authorized by the Captain of the Port to act 
on his behalf.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zones by Federal, State and local agencies.

[[Page 67306]]

    (e) Enforcement period. This section will be enforced from 2 a.m. 
through 3 a.m. on November 20, 2006, and if necessary due to unexpected 
circumstances, from 2 a.m. through 3 a.m. on November 21, 2006.

    Dated: November 6, 2006.
Jonathan C. Burton,
Commander, U.S. Coast Guard, Acting Captain of the Port, Baltimore, 
Maryland.
[FR Doc. E6-19676 Filed 11-20-06; 8:45 am]
BILLING CODE 4910-15-P