[Federal Register Volume 59, Number 24 (Friday, February 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2603]
[[Page Unknown]]
[Federal Register: February 4, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
COTP Pittsburgh 94-003
RIN 2115-AA97
Safety Zone; Allegheny River
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the Allegheny
River. This regulation is needed to control vessel traffic in the
regulated area due to hazards posed by severe icing along the entire
length of this river. This regulation will restrict general navigation
in the regulated area for the safety of vessel traffic.
EFFECTIVE DATE: This regulation is effective at 4 p.m. on January 18,
1994 and will terminate at 4 p.m. on February 15, 1994, unless
terminated at an earlier date by the Captain of the Port, Pittsburgh,
Pennsylvania.
FOR FURTHER INFORMATION CONTACT:
Lt. John Meehan, Port Operations Officer, Captain of the Port,
Pittsburgh, Pennsylvania at (412) 644-5808.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are Lt. John Meehan, Project
Officer, Marine Safety Office, Pittsburgh, Pennsylvania 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, extremely cold weather has blanketed the upper Ohio
Valley during the first two weeks of January, 1994. The Allegheny
River, the northernmost navigable river in the valley's watershed, has
quickly frozen to ice thicknesses of up to one foot in several areas.
Vessels attempting to transit this river recently have reported
problems in maintaining steerage and in making way on the river's ice
clogged channels. The severe icing of the Allegheny River and the
subsequent navigation hazards posed by the ice developed rapidly and
were unexpected, leaving insufficient time to publish a notice of
proposed rulemaking. The Coast Guard deems it to be in the public's
best interest to issue a regulation without waiting for a comment
period, as immediate implementation of navigation restrictions is
needed to ensure the safety of vessels transitting the area.
Background and Purpose
The upper Ohio River Valley is experiencing one of the coldest
winters on record. Unusually high precipitation levels and record low
temperatures have led to significant ice accumulations along the
region's navigable waterways. The icing problem is especially severe
along the Allegheny River, where ice thicknesses of up to one foot have
been reported. Vessels attempting to transit the Allegheny River have
experienced difficulty in maintaining steerage and in making way on
this river's ice clogged channels. By January 17, 1994, the Allegheny
River's navigability had deteriorated (due to ice) to the point where
several vessel operators elected not to move tank barge cargoes on this
river. Since temperatures in this region are not expected to moderate
in the short term, Captain of the Port Pittsburgh is establishing a
safety zone on the Allegheny river to protect vessels from the risks
posed by the river's ice clogged channels. Commencing at 4 p.m. on
January 18, 1994, vessel traffic will not be permitted to transit any
navigable portion of the Allegheny River unless specifically authorized
by the Captain of the Port Pittsburgh. Vessels intending to transit the
Allegheny River may request Captain of the Port authorization to
proceed by calling Marine Safety Office Pittsburgh at (412) 644-5808 or
Coast Guard Ohio Valley via VHF marine band radio Channel 13 (156.650
MHz) at least 24 hours prior to the vessel's scheduled arrival time at
Allegheny River mile 0.0. The Captain of the Port Pittsburgh will
authorize Allegheny River transits on a case-by-case basis after
considering the vessel's size (horsepower), tow composition, and
destination on the river. This safety zone will remain in effect until
4 p.m. on February 15, 1994, unless terminated at an earlier date by
the Captain of the Port, Pittsburgh, Pennsylvania.
Regulatory Evaluation
This regulation is not 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. A full regulatory analysis is unnecessary
because the Coast Guard expects the impact of this regulation to be
minimal due to the relatively short duration of vessel traffic
restrictions and the relative infrequency of commercial vessel transits
along this navigable waterway.
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.c. of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation as an action required to protect
public safety.
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 section 165.T02-005 is added, to read as follows:
Sec. 165.T02-005 Safety Zone: Allegheny River.
(a) Location. The Allegheny River between mile 0.0 and mile 72.0 is
established as a safety zone.
(b) Effective dates. This regulation is effective at 4 p.m. on
January 18, 1994 and will terminate at 4 p.m. on February 15, 1994,
unless terminated at an earlier date by the Captain of the Port,
Pittsburgh, Pennsylvania.
(c) Regulations. In accordance with the general regulations in
Section 165.23 of this part, entry into this zone is prohibited unless
authorized by the Captain of the Port. Vessel operators requesting
authorization to enter this safety zone may do so by contacting Coast
Guard Marine Safety Office Pittsburgh at (412)644-5808 or Coast Guard
Group Ohio Valley via VHF marine band radio Channel 13 (156.650 MHz) at
least 24 hours prior to arriving at Allegheny River mile 0.0.
Dated: January 18, 1994.
M.W. Brown,
Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh,
Pennsylvania.
[FR Doc. 94-2603 Filed 2-3-94; 8:45 am]
BILLING CODE 4910-14-M
