[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6518]
[[Page Unknown]]
[Federal Register: March 21, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP Louisville 94-004]
RIN 2115-AA97
Safety Zone; Ohio River Mile 468.5 to 473.0
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the Ohio
River. The regulation is needed to control vessel traffic in the
regulated area while transiting downbound at night during high water
conditions. The regulation will restrict commercial navigation in the
regulated area for the safety of vessel traffic and the protection of
life and property along the river.
EFFECTIVE DATE: This regulation is effective on March 11, 1994, at 6
p.m. EST. It will terminate at 6 p.m. EST on April 1, 1994, unless
sooner terminated by the Captain of the Port, Louisville, Kentucky.
FOR FURTHER INFORMATION CONTACT:
LT Phillip Ison, Operations Officer, Captain of the Port, Louisville,
Kentucky at (502) 582-5194.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafter of this regulation is LT Phillip Ison, Project Officer,
Marine Safety Office, Louisville, Kentucky, and LCDR A. O. Denny,
Project Attorney, Second Coast Guard District Legal Office.
Regulatory History
In accordance with 5 U.S.C. 553, a notice of proposed rulemaking
has not been published for this regulation and good cause exists for
making it effective in less than 30 days from the date of publication.
In effect, this regulation extends an existing safety zone which will
terminate at 6 p.m. EST on March 11, 1994. Although this regulation
continues restrictions which have been in place for fifteen days,
following normal rulemaking procedures would have been impracticable.
Specifically, the high water periods in the Cincinnati, Ohio area are
natural events which cannot be predicted with any reasonable accuracy.
The need to extend the restrictions, and how long they should be kept
in place, could not have been predicted until recently, making it more
practical to issue a new regulation instead of extending the current
one. As the river conditions present an immediate hazard to navigation,
life, and property, the Coast Guard deems it to be in the public's best
interest to issue a regulation now.
Background and Purpose
The situation requiring this regulation is high water in the Ohio
River in the vicinity of Cincinnati, Ohio. The Ohio River in the
Cincinnati area is hazardous to transit under the best of conditions.
To transit the area, mariners must navigate through several sweeping
turns and seven bridges. When the water level in the Ohio River reaches
45 feet, on the Cincinnati gage, river currents increase and become
very unpredictable, making it difficult for downbound vessels to
maintain steerageway. During hours of darkness the background lights of
the city of Cincinnati hamper mariners' ability to maintain sight of
the front of their tow. The regulation is intended to protect the
public and the environment, at night during periods of high water, from
a potential hazard of large downbound tows carrying hazardous material
through the regulated area.
Regulatory Evaluation
This temporary rule is not considered a significant regulatory
action under Executive Order 12866 and is not significant under
Department of Transportation Regulatory Policies and Procedures (44 FR
11034; February 26, 1979), it will not have a significant economic
impact on a substantial number of small entities, and it contains no
collection of information requirements.
The Coast Guard expects the economic impact of this rule to be so
minimal that a Regulatory Evaluation is unnecessary.
Federalism Assessment
Under the principles and criteria of Executive Order 12612, this
regulation does not raise sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this
proposal and concluded that, under section 2.B.2 of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation as an action required to protect
the public and the environment.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (Water), Reporting and
recordkeeping requirements, Security measures, Waterways.
Temporary Regulation
In consideration of the foregoing, the Coast Guard is amending
subpart C of part 165 of title 33, Code of Federal Regulations, as
follows. This is a temporary amendment and will not appear in the Code
of Federal Regulations.
PART 165--[AMENDED]
1. The authority citation for part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 49 CFR 1.46 and 33 CFR
1.05-1(g), 6.04-1, 6.04-6, and 160.5.
2. A temporary Sec. 165.T02-016 is added, to read as follows:
Sec. 165.T02-016 Safety Zone: Ohio River.
(a) Location. The Ohio River between mile 468.5 and mile 473.0 is
established as a safety zone.
(b) Effective Dates. This regulation becomes effective on March 11,
1994, at 6 p.m. EST. It will terminate at 6 p.m. EST on April 1 1994,
unless sooner terminated by the Captain of the Port Louisville,
Kentucky.
(c) Regulations. In accordance with the general regulations under
Sec. 165.23 of this part, entry into the described zone by all
downbound vessels towing cargoes regulated by Title 46 Code of Federal
Regulations Subchapters D and O with a tow length exceeding 600 feet
excluding the tow boat is prohibited from one-half hour before sunset
to one-half hour after sunrise.
Dated: March 10, 1994.
B.D. Branham,
Lieutenant Commander, U.S. Coast Guard, Acting Captain of the Port
Louisville, Kentucky.
[FR Doc. 94-6518 Filed 3-21-94; 8:45 am]
BILLING CODE 4910-14-M