[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Rules and Regulations]
[Pages 24427-24429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11689]
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DEPARTMENT OF DEFENSE
Department of the Army, Corps of Engineers
33 CFR Part 207
Navigation Regulations
AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.
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SUMMARY: The Corps is amending the navigation regulations for the Red
River Waterway, Louisiana and the Yazoo Diversion Canal at Vicksburg,
Mississippi. The Red River Waterway navigation regulation is amended to
prescribe the maximum length, width, and draft of vessel tows that are
allowed to enter the lock chamber for each lockage. The Yazoo Diversion
Canal navigation regulation is amended to establish procedures and
location for mooring of vessels along the west bank. The maximum length
of allowable vessel tow that may enter the lock chamber for each
lockage on the Red River Waterway, is increased from 685 feet to 705
feet. The maximum allowable width and draft of tow remains the same at
80 feet and 9 feet, respectively. Increasing the usable tow length to
705 feet will increase the efficiency of lock operations by reducing
the number of tow breakups during a locking operation. The navigation
regulation for the Yazoo Diversion Canal will clarify vessel mooring
locations along the canal west bank for various river stages and
provide that fairways will be established by the Vicksburg District
Engineer. Establishing fairways and specifying locations along the west
bank where vessels may moor during various river stages will control
indiscriminate vessel moorings and improve navigation safety.
DATES: The final rule is effective June 3, 1998.
ADDRESSES: HQUSACE, ATTN: CECW-OD, Washington, D.C. 20314-1000.
FOR FURTHER INFORMATION CONTACT:
Mr. Jim Hilton, Dredging and Navigation Branch (CECW-OD) at (202) 761-
8830 or Mr. Jim Jeffords, Vicksburg District, Operations Division at
(601) 631-5274.
SUPPLEMENTARY INFORMATION: The notice of proposed rulemaking was
published on Wednesday, March 5, 1997, Vol. 62, No. 43, pages 9996-
9997.
Pursuant to its authorities in Section 7 of the Rivers and Harbors
Act of 1917 (40 Stat. 266; 33 U.S.C. 1), the Corps is amending the
regulations in 33 CFR Part 207. The Commanding Officer, Lower
Mississippi Valley Division, Vicksburg, Mississippi has requested an
amendment to the regulations in 33 CFR 207.249(b)(5)(iv) and 33 CFR
207.260 (c) and (g). The 685 feet maximum tow length currently allowed
in the Red River Waterway lock chamber is based on the design vessel
tow length. Increasing the tow length that may safely enter the lock
chamber for each lockage to 705 feet, will not affect the safety of
either the lock structure or the tow in the chamber during a filling or
emptying operation, if the tow is properly secured and positioned.
Discussion of Public Comments and Changes
Section 207.249(b)(5)(iv). Two comments were received to the March
5, 1997, Federal Register notice to increase the tow length. These
individuals supported the proposed increase in vessel tow length from
685 feet to 705 feet for vessels attempting to pass through the lock
during normal pool stages in a single passage.
Section 207.260 (c) and (g). Five comments were received to the
proposed amendment to regulate mooring along the east and west banks of
the Yazoo Diversion Canal based on water level stages at the Vicksburg
gage.
[[Page 24428]]
All individuals recognized the danger of mooring along the banks in
close proximity to the confluence of the Yazoo Diversion Canal and the
Mississippi River. However, there was no consensus on what distance
from the confluence vessels could be safely moored along the banks of
the canal. Several individuals requested that the proposed mooring
location on the west bank be modified, since restricting mooring would
cause economic hardship to adjacent property owners. A meeting with the
five affected parties resulted in a resolution satisfactory to all. All
agreed that no vessel or raft shall be moored along the east bank of
the Yazoo Diversion Canal at any stage for approximately 750 feet from
the mouth of the canal where it enters into the Mississippi River.
Mooring along the west bank would be regulated as follows: At stages
below 20 feet on the Vicksburg Gage, no vessel or raft shall be moored
along the west bank of the canal between points Latitude
32 deg.21'16'', Longitude 90 deg.53'05'' and Latitude 32 deg.20'55'',
Longitude 90 deg.53'18'', which is approximately 1200 feet above and
1200 feet below the public boat launch (foot of Clay Street) at
Vicksburg City Front. No vessel or raft shall be moored along the west
bank of the canal at any stage from the mouth of the Yazoo Diversion
Canal where it enters into the Mississippi River to Latitude
32 deg.20'21'', Longitude 90 deg.53'44'', which is approximately 1200
feet from the mouth.
Procedural Requirements
A. Executive Order 12866
This final rule is not a significant regulatory action under E.O.
12866. The economic impact of this rule is so minimal that further
regulatory evaluation is unnecessary. We conclude this because the
change benefits the commercial towing industry.
B. Review Under the Regulatory Flexibility Act
These final rules were reviewed under the Regulatory Flexibility
Act (Pub. L. 96-354), which requires the preparation of a regulatory
flexibility analysis for any regulation that will have a significant
economic impact on a substantial number of small entities (i.e., small
businesses and small Governments). The economic impact of the change to
the tow length on the Red River Waterway and mooring locations on the
Yazoo Diversion Canal, will have a positive affect on the towing
industry and the general public, with no anticipated navigational
safety or interference with existing waterway traffic and accordingly
certifies that this final rule has no significant economic impact on
small entities.
C. Review Under the National Environmental Policy Act
An environmental assessment has been prepared for this action. We
concluded, based on the Red River Waterway increase in tow length and
Yazoo Diversion Canal mooring locations, that there is no significant
impact to the human environment, and preparation of an environmental
impact statement is not required. The environmental assessment was
available for review during the public comment period at the Corps
Vicksburg District Office, Vicksburg, Mississippi.
D. Collection of Information
This final rule contains no collection of information under the
Paperwork Reduction Act (44 U.S.C. 3501 et seq.).
E. Federalism
The Corps has analyzed this final rule under principles and
criteria in E.O. 12612 and determined that this final rule has no
sufficient federalism implications to warrant preparation of a
Federalism Assessment.
F. Unfunded Mandates Act
This final rule does not impose an enforceable duty among the
private sector and therefore, is not a Federal private sector mandate
and is not subject to the requirements of Section 202 or 205 of the
Unfunded Mandates Act. We also found, under Section 203 of the Act,
that small Governments are not significantly and uniquely affected by
this rulemaking.
List of Subjects in 33 CFR Part 207
Navigation (water), Transportation, and Lockages.
For the reasons set out in the preamble, 33 CFR Part 207 is
amended, as follows:
PART 207--NAVIGATION REGULATIONS
1. Authority citation for Part 207 continues to read as follows:
Authority: 40 Stat. 266 (33 U.S.C. 1).
2. Section 207.249 is amended by revising paragraphs (b)(5)(iv) to
read as follows:
Sec. 207.249 Ouachita and Black Rivers, Ark. and La. Mile 0.0 to Mile
338.0 (Camden, Ark.) above the mouth of the Black River; the Red River,
La., Mile 6.7 (Junction of Red, Atchafalaya and Old Rivers) to Mile
228.0 (Shreveport, La.); use, administration, and navigation.
* * * * *
(b) * * *
(5) * * *
(iv) The maximum dimensions on the Red River Waterway of a vessel
tow attempting to pass through the lock during normal pool stages in a
single passage are 80 feet wide, 705 feet long, and 9 feet draft. Tows
requiring breaking into two or more sections to pass through the lock
may transit the lock at such time as the lockmaster/lock operator
determines that they will neither unduly delay the transit of craft of
lesser dimensions, nor endanger the lock structure and appurtenances
because of wind, current, or other adverse conditions. These craft are
also subject to such special handling requirements as the lockmaster/
lock operator finds necessary at the time of transit.
* * * * *
3. Section 207.260 is amended by revising paragraphs (c) and (g) to
read as follows:
Sec. 207.260 Yazoo Diversion Canal, Vicksburg, Miss., from its mouth
to the entrance of the upper Vicksburg Harbor Extension.
* * * * *
(c) Mooring. At stages below 20 feet on the Vicksburg Gage, no
vessel or raft shall be moored along the west bank of the canal between
points Latitude 32 deg.21'16'', Longitude 90 deg.53'05'' and Latitude
32 deg.20'55'', Longitude 90 deg.53'18'', which is approximately 1200
feet above and 1200 feet below the public boat launch (foot of Clay
Street) at Vicksburg City Front. No vessel or raft shall be moored
along the west bank of the canal at any stage from the mouth of the
Yazoo Diversion Canal where it enters into the Mississippi River to
Latitude 32 deg.20'21'', Longitude 90 deg.53'44'', which is
approximately 1200 feet from the mouth of the canal. No vessel or raft
shall be moored along the east bank of the canal at any stage from the
mouth of the Yazoo Diversion Canal where it enters into the Mississippi
River to Latitude 32 deg.20'12'', Longitude 90 deg.53'41'', which is
approximately 750 feet from the mouth of the canal. When tied up,
boats, barges, or rafts shall be moored by bow and stern lines parallel
to the bank and as close in as practicable. Lines shall be secured at
sufficiently close intervals to insure the vessel or raft will not be
drawn away from the bank by winds, current, or other passing vessels.
No vessel or raft shall be moored along the banks of the canal for a
period longer than five (5) calendar days without written permission
from the District Engineer, Corps of Engineers, Vicksburg District
[[Page 24429]]
Office, 4155 E. Clay St., Vicksburg, Mississippi 39180-3435.
* * * * *
(g) Fairway. A clear channel not less than 175 feet wide as
established by the District Engineer shall be left open at all times to
permit free and unobstructed navigation by all types of vessels.
Dated: March 25, 1998.
Approved:
Robert W. Burkhardt,
Colonel, Corps of Engineers, Executive Director of Civil Works.
[FR Doc. 98-11689 Filed 5-1-98; 8:45 am]
BILLING CODE 3710-92-M
