96-14425. Safety Zone; Ohio River, miles 309.0 to 312.5; Vicinity of the Huntington West End Bridge, Huntington, WV  

  • [Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
    [Rules and Regulations]
    [Pages 29021-29022]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-14425]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    33 CFR Part 165
    
    [COTP Huntington 96-008]
    RIN 2115-AA97
    
    
    Safety Zone; Ohio River, miles 309.0 to 312.5; Vicinity of the 
    Huntington West End Bridge, Huntington, WV
    
    AGENCY: Coast Guard, DOT.
    
    ACTION: Temporary final rule.
    
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    SUMMARY: The Coast Guard has established an emergency safety zone on 
    the Ohio River, miles 309.0 to 312.5, in the vicinity of the Huntington 
    West End Bridge, Huntington, WV. This regulation is needed to control 
    vessel traffic in the regulated area to prevent potential safety 
    hazards for transiting vessels and the general public resulting from a 
    sunken hopper barge located approximately 300 feet downstream from the 
    West End Bridge and subsequent salvage operations. The barge extends 
    from the center line of the channel towards the left descending bank 
    and is at a depth of 9 feet at normal pool of 24.7 feet on the 
    Huntington gauge. The barge is marked with two lighted buoys and 
    attended during periods of darkness and inclement weather by the M/V 
    BUNKER BEAVER, monitoring marine radio channels 13 and 16. This 
    regulations prohibits navigation in the regulated area during periods 
    of periodic navigation in the regulated area during periods of periodic 
    closure without the express permission of the Captain of the Port for 
    the safety of vessel traffic and the protection of life and property 
    along the river. Periods of closure will be announced via normally 
    scheduled Coast Guard Broadcast Notice to Mariners or by Coast Guard 
    personnel onscene.
    
    EFFECTIVE DATES: This regulation is effective 7 p.m. EST on May 24, 
    1996. It terminates on June 12, 1996 at 7 a.m. EST, unless terminated 
    sooner by the Captain of the Port Huntington, WV.
    
    FOR FURTHER INFORMATION CONTACT:
    LTJG Todd A. Childers, Assistant Chief of the Port Operations 
    Department, Captain of the Port, Huntington, West Virginia at (304) 
    529-5524.
    
    SUPPLEMENTARY INFORMATION: 
    
    Regulatory History
    
        In accordance with 5 U.S.C. 553, a notice of proposed rulemaking 
    was not published for this regulation and good cause exists for making 
    it effective in less than 30 days after Federal Register publication. 
    Following normal rulemaking procedures will be impracticable. 
    Specifically, a sunken barge at mile 310.8, Ohio River, has created a 
    situation which presents 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 immediately.
    
    Background and Purpose
    
        The activities requiring this regulation are the hazards posed by 
    the sunken hopper barge and salvage operations that will be conducted 
    for the recovery of the sunken barge at mile 310.8, Ohio River. The 
    barge sank after taking on water following an allision with the 
    Huntington West End Bridge while being pushed by the M/V E.W. THOMPSON 
    on May 14, 1996. Due to river conditions salvage operations will not 
    begin until on or about May 29, 1996. During salvage operations, the 
    designated area will be subject to periodic closure and to traffic 
    restrictions as deemed necessary by on scene Coast Guard 
    representatives. This regulation is also required by falling water 
    conditions on the Ohio River which are resulting in reduced water 
    clearance over the sunken barge, making passage over the barge by 
    transiting vessels extremely hazardous. The Captain of the Port, 
    Huntington, WV will monitor the water conditions and the salvage 
    operations once initiated. In order to provide for the safety of vessel 
    traffic, the Captain of the Port Huntington intends to regulate vessel
    
    [[Page 29022]]
    
    traffic in that portion of the Ohio River from miles 309.0 to 312.5 for 
    all vessels except those engaged in salvage or surveying operations 
    until this hazard is mitigated. Transit of the area will be on a case-
    by-case basis and only upon specific approval and direction of the 
    Captain of the Port Huntington during periods of river closure. The 
    Ohio side of the center channel is restricted in width, and the West 
    Virginia alternate channel has been opened to provide safe navigational 
    waters. Representatives of the Captain of the Port Huntington can be 
    reached via marine radio on channels 13 or 16. Salvage operators can be 
    reached by contacting the M/V ARKANSAS TRAVELER on marine radio 
    channels 13 or 16. The M/V BUNKER BEAVER will be stationed on scene 
    from 7 p.m. to 7 a.m. EST to render assistance as needed to transiting 
    vessels. The M/V BUNKER BEAVER will be monitoring marine radio channels 
    13 and 16. Regularly scheduled Broadcast Notice to Mariners will be 
    issued to keep vessel operators appraised of the status of the safety 
    zone.
    
    Regulatory Evaluation
    
        This regulation 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 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 regulation to be such that a full Regulatory Evaluation 
    under paragraph 10e of the regulatory policies and procedures of DOT is 
    unnecessary, due to the duration of the actual river closure.
    
    Small Entities
    
        The Coast Guard finds that the impact on small entities, if any, is 
    not substantial. Therefore, the Coast Guard certifies under section 
    605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
    this temporary 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 regulation under the principles 
    and criteria contained in Executive Order 12612 and has determined that 
    it 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 
    regulation and concluded that, under section 2.B.2 of Commandant 
    Instruction M16475.1B, (as revised by 59 FR 38654; July 29, 1994) this 
    regulation is categorically excluded from further environmental 
    documentation.
    
    List of Subjects in 33 CFR Part 165
    
        Harbors, Marine safety, Navigation (water), Records and 
    recordkeeping requirements, Security measures, Waterways.
    
    Temporary Regulation
    
        In consideration of the foregoing, Subpart F 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; 33 CFR 1.05-1(g), 
    6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.
    
        2. A temporary section 165.T02-008 is added, to read as follows:
    
    
    Sec. 165.T02-008  Safety Zone: Ohio River
    
        (a) Location. The Ohio River between miles 309.0 and 312.5 is 
    established as a safety zone.
        (b) Effective Dates. This section is effective from 7 p.m. e.s.t. 
    on May 24, 1996. It terminates on June 12, 1996 at 7 a.m. e.s.t. unless 
    terminated sooner by the Captain of the Port Huntington, WV.
        (c) Regulations.
        (1) Periods of river closure will be announced by Broadcast Notice 
    to Mariners, and/or by Coast Guard representatives on-scene via channel 
    13 and 16.
        (2) Under the general regulations of section 165.23 of this part, 
    entry of vessels into this zone during periods of closure is prohibited 
    unless authorized by the Captain of the Port.
        (3) All vessels must:
        (i) Communicate with on-scene by personnel from the Coast Guard 
    Marine Safety Office, Huntington, WV, and/or the contract vessel M/V 
    ARKANSAS TRAVELER on channel 13 or 16 VHF-FM to arrange for safe 
    passage through the safety zone during all periods of closure.
        (ii) Communicate with the contract vessel M/V BUNKER BEAVER on 
    channel 13 or 16 VHF-FM to arrange for safe passage through the safety 
    zone at all other times between the hours of 7 p.m. and 7 a.m. e.s.t. 
    or during periods of inclement weather.
        (4) Vessels engaged in conducting or supporting salvage operations 
    may continue to operate as necessary.
    
        Dated: May 24, 1996, 5 p.m. e.s.t.
    G.H. Burns, III,
    Lieutenant Commander, U.S. Coast Guard, Captain of the Port, Acting, 
    Huntington, WV.
    [FR Doc. 96-14425 Filed 6-6-96; 8:45 am]
    BILLING CODE 4910-14-M
    
    

Document Information

Effective Date:
5/24/1996
Published:
06/07/1996
Department:
Transportation Department
Entry Type:
Rule
Action:
Temporary final rule.
Document Number:
96-14425
Dates:
This regulation is effective 7 p.m. EST on May 24, 1996. It terminates on June 12, 1996 at 7 a.m. EST, unless terminated sooner by the Captain of the Port Huntington, WV.
Pages:
29021-29022 (2 pages)
Docket Numbers:
COTP Huntington 96-008
RINs:
2115-AA97: Safety/Security Zone Regulations
RIN Links:
https://www.federalregister.gov/regulations/2115-AA97/safety-security-zone-regulations
PDF File:
96-14425.pdf
CFR: (1)
33 CFR 165.T02-008