[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2415-2417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1386]
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DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Part 165
[CGD02-95-003]
RIN 2115-AE84
Regulated Navigation Area; Ohio River Mile 466.0 to Mile 473.0
AGENCY: Coast Guard, DOT.
ACTION: Final rule.
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SUMMARY: The Coast Guard is establishing a regulated navigation area on
the Ohio River in the Cincinnati, OH area. The rule is needed to
control vessel traffic while transiting downbound at night during high
water conditions in the regulated area. The rule 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 rule is effective February 26, 1996.
ADDRESSES: The Commanding Officer, U.S. Coast Guard Marine Safety
Office, Louisville, KY, maintains the public docket for this rule. The
documents and
[[Page 2416]]
other materials referenced in this notice will be available for
inspection at the U.S. Coast Guard Marine Safety Office, 600 Martin
Luther King Place, Room 360, Louisville, KY 40202-2230. Normal office
hours are between 7:30 a.m. and 4 p.m., Monday through Friday, except
holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Gregory A. Howard, Project Officer, U.S. Coast Guard Marine
Safety Office, Louisville, Kentucky at (502) 582-5194.
SUPPLEMENTARY INFORMATION:
Drafting Information: The principal persons involved in drafting
this document are Lieutenant Gregory A. Howard, Project Officer for
the Captain of the Port, Louisville, Kentucky (502) 582-5196 and
Lieutenant S. Moody, Project Attorney, Second Coast Guard District
Legal Office, St. Louis, MO (314) 539-3900.
Background and Purpose
On May 16, 1995 the Notice of Proposed Rule Making was published in
the Federal Register at 60 FR 26012. No comments were received from the
date of publication of the proposed rule until the end of the comment
period on July 17, 1995. Therefore the Coast Guard is establishing this
regulated navigation area by this final rule with only a minor change
to the proposed rule.
The situation requiring this regulation is periodic high water
conditions on the Ohio River in the vicinity of Cincinnati, Ohio. The
Ohio River in the Cincinnati area is hazardous to transit under the
best 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 gauge, river currents
increase and become very unpredictable, making it difficult for
downbound vessels to maintain steerageway. During the period of 1983-
1993 there were 13 marine casualties involving towboats from mile 468.5
to mile 473.0 on the Ohio River. A review of the case documentation
showed that seven of the thirteen cases mentioned high water
specifically or used terms such as ``swift current'' or ``heavy
current'' as contributing factors to the casualties. Nine of these
cases involved tows greater than 600 feet in length; six of the cases
involved downbound tows; and five cases occurred at night. During hours
of darkness the background lights of the city of Cincinnati hamper
mariners' ability to maintain sight of the front of their tow. This
rule 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.
In the past, the Captain of the Port, Louisville, Kentucky has
responded to this hazard by issuing a Temporary Final Rule to establish
a Safety Zone in the area when warranted by high water conditions. This
rule is intended to establish a permanent Regulated Navigation Area in
which restrictions are activated and deactivated as a function of river
level. The number of days that traffic will be affected by this rule
will vary from several days to several weeks depending on the river
levels. A permanent Regulated Navigation Area will permit vessels and
commerce using the Ohio River to plan and schedule their tow traffic
accordingly.
Discussion of Regulations
This rule would establish a Regulated Navigation Area on the Ohio
River in the Cincinnati, Ohio area. The restrictions for the Regulated
Navigation Area will only be in effect from one-half hour before sunset
to one-half hour after sunrise whenever the river level is at or above
45 on the Cincinnati gauge. The rule prohibits transit by downbound
tows containing cargoes regulated by title 46 Code of Federal
Regulations Subchapter D and O which have a tow length exceeding 600
feet in length not including the tow boat; requires all commercial
vessels in the regulated navigation area to monitor VHF-FM
radiotelephone Channel 13; requires all downbound commercial vessels to
attempt to contact other vessels in the regulated navigation area
shortly before entering the area (this is a change from the Notice of
Proposed Rule Making which required contact shortly after entering the
area); and prohibits vessels from loitering in the navigation channel.
Since the water level of the Ohio River is seasonal and not
predictable, establishing fixed calendar dates for the regulation is
not practical. The rule is structured to permit the Captain of the
Port, Louisville, Kentucky to activate or deactivate the regulated
navigable area by issuing the proper notices. Broadcast Notice to
Mariners will be issued in anticipation of high water, then again when
the river reaches 45 feet, and then a termination broadcast will be
issued when the river falls below 45 feet.
These regulations are needed due to the hazardous conditions that
exist for all vessels transiting the Cincinnati area when the Ohio
River is at high water during hours of darkness.
Regulatory Evaluation
This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866 and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that order. It
has been exempted from review by the Office of Management and Budget
under that order. It is not significant under the regulatory policies
and procedures of the Department of Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard expects the economic impact of this
rule to be so minimal that a full Regulatory Evaluation under paragraph
10e of the regulatory policies and procedures of DOT is unnecessary.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the
Coast Guard must consider whether this rule will have a significant
economic impact on a substantial number of small entities. ``Small
entities'' include independently owned and operated small businesses
that are not dominant in their field and that otherwise qualify as
``small business concerns'' under section 3 of the Small Business Act
(15 U.S.C. 632).
Because it expects the impact of this rule to be minimal, 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.
Collection of Information
This rule contains no collection of information requirements under
the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
Federalism Assessment
The Coast Guard has analyzed this rule in accordance with the
principles and criteria of Executive Order 12612, and has determined
that this rule does not have sufficient federalism implications to
warrant the preparation of a Federalism Assessment.
Environmental Assessment
The Coast Guard considered the environmental impact of this rule
and concluded that, under section 2.B.2 of Commandant Instruction
M16475.1B, as revised by 59 FR 38654; July 29, 1994, this rule 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.
For the reasons set out in the preamble, The Coast Guard amends
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Subpart F of Part 165 of Title 33, Code of Federal Regulations, as
follows:
PART 165--[AMENDED]
1. The authority citation for Part 165 continues to read as
follows:
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1(g),
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
2. A new Sec. 165.205 is added to read as follows;
Sec. 165.205 Ohio River at Cincinnati, OH; regulated navigation area.
(a) Location. The following is a regulated navigation area (RNA)--
The waters of the Ohio River between mile 466.0 and mile 473.0.
(b) Activation. The restrictions in paragraphs (c) (i) through (iv)
are in effect from one-half hour before sunset to one-half hour after
sunrise when the Cincinnati, Ohio, Ohio River Gauge is at or above the
45 foot level. The Captain of the Port, Louisville, Kentucky will
publish a notice in the Local Notice to Mariners and will make
announcements by Coast Guard Marine Information Broadcasts whenever the
river level measured at the gauge activates or terminates the
navigation restrictions in this section.
(c) Regulations.
(i) Transit through the RNA 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.
(ii) No vessel shall loiter, anchor, stop, remain or drift without
power at any time within the navigation channel of the RNA.
(iii) All commercial vessels shall continually monitor VHF-FM
channel 13 on their radiotelephone while in or approaching the RNA.
(iv) Between Ohio River miles 464.0 and 466.0, downbound vessels
shall make a broadcast in the blind, on VHF-FM channel 13 announcing
their estimated time of entering the RNA.
Dated: January 9, 1996.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard, Commander, Second Coast Guard District,
St. Louis, MO.
[FR Doc. 96-1386 Filed 1-25-96; 8:45 am]
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