[Federal Register Volume 59, Number 35 (Tuesday, February 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3923]
[[Page Unknown]]
[Federal Register: February 22, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP Louisville 94-002]
RIN 2115-AA97
Safety Zone; Ohio River Miles 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 to prevent potential environmental and safety hazards
associated with commercial vessels transporting cargoes regulated under
title 46 Code of Federal Regulations Subchapters D and O, 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 DATES: This regulation is effective on February 11, 1994 at
10 a.m. e.s.t. It will terminate at 6 p.m. e.s.t. on February 22, 1994
unless sooner terminated by the captain of the Port, Louisville,
Kentucky.
FOR FURTHER INFORMATION CONTACT: LT Dale L. Hutchinson, Operations
Officer, Captain of the Port, Louisville, Kentucky at (502) 582-5194.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafter of this regulation is LT Dale L. Hutchinson, 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.
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 Coast Guard deems it to be in the public's best interest to issue a
regulation now as the situation presents an immediate hazard to
navigation, life, and property.
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 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 11040,
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 impact of this regulation 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), Records and
recordkeeping, Security measures, Waterways.
Temporary Regulation
In consideration of the foregoing, subpart C of part 165 of Title
33, Code of Federal Regulations, is amended 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; 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.T02-011 is added, to read as follows:
Sec. 165.T02-011 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 section becomes effective on February 11,
1994 at 10 a.m. e.s.t. It will terminate at 6 p.m. e.s.t. on February
22, 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: February 11, 1994, 2 a.m. e.s.t.
W.J. Morani, Jr.,
Commander, U.S. Coast Guard, Captain of the Port, Louisville, Kentucky.
[FR Doc. 94-3923 Filed 2-18-94; 8:45 am]
BILLING CODE 4910-14-M
