[Federal Register Volume 59, Number 21 (Tuesday, February 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2214]


[[Page Unknown]]

[Federal Register: February 1, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Pittsburgh 94-004]
RIN 2115-AA97

 

Safety Zone; Ohio River and Monongahela River

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 and the Monongahela River. This regulation is needed to control 
the movement of single hull tank barges loaded with regulated cargoes 
(oil and hazardous materials) into and within the regulated area due to 
hazards posed by severe icing along the entire length of this river. 
This regulation will prohibit entry into and movement within the 
regulated area by loaded single hull tank barges for the safety of the 
public and the protection of the riverine environment.

EFFECTIVE DATES: This regulation is effective from 4 p.m. on January 
21, 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 three weeks of January, 1994. The Monongahela 
River and the upper sections of the Ohio River have quickly frozen to 
ice thicknesses of up to one foot in several areas. Vessels attempting 
to transit these river areas recently have reported problems in 
maintaining steerage and in making way without damaging barges on ice 
clogged channels. These hazards are particularly acute for tows 
transiting with single hull tank barges loaded with regulated cargoes 
(oil or hazardous materials), since discharge of these cargoes from ice 
damaged barges would pose a significant threat to public safety and the 
riverine environment. These severe icing conditions on the upper Ohio 
River and the Monongahela River and the subsequent navigation hazards 
posed by this situation 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 tank barge restrictions is needed for the public's 
safety and the protection of the riverine environment.

Background and Purpose

    The 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 in the northernmost 
section of this valley, which includes the upper Ohio River and the 
Monongahela River. Solid ice thicknesses of up to one foot have been 
reported along these rivers with broken ice build-ups of two or three 
feet located above lock and dam structures and in the bends on the 
Monongahela River. Several vessels have been unable to move in this ice 
for up to 24 hours at a time, while other vessels report that the hulls 
of the coal barges they are towing have been pierced by hardened brash 
ice floes. The severe icing of the upper Ohio River and Monongahela 
River poses significant navigation problems for all vessels attempting 
to transit this area. This ice hazard is particularly acute for tows 
transiting the area with single hull tank barges loaded with regulated 
cargoes (oil and hazardous materials), since these single hull barges 
are especially susceptible to puncture by hardened ice and the 
subsequent discharge of cargoes that pose a substantial threat to 
public safety and the riverine environment. By January 20, 1994, the 
navigability of these rivers had deteriorated (due to ice) to the point 
where several vessel operators elected not to move regulated cargoes in 
single hull tank barges within the regulated area. Since river ice 
conditions are not expected to improve in the short term, Captain of 
the Port Pittsburgh is establishing a safety zone on the upper Ohio 
River and the Monongahela River. Vessels other than single hull tank 
barges will be granted blanket authorization to proceed without 
restriction. Single hull tank barge movements will be restricted within 
the regulated area for the safety of the public and the protection of 
the riverine environment. Commencing at 4 p.m. on January 21, 1994, 
single hull tank barges loaded with regulated cargoes (oil or hazardous 
materials) will not be permitted to enter or transit within a safety 
zone extending from mile 0.0 to mile 121.6 on the Ohio River and from 
mile 0.0 to mile 128.7 on the Monongahela River, unless specifically 
authorized by the Captain of the Port Pittsburgh. This prohibition will 
terminate at 4 p.m. on February 15, 1994, unless terminated at an 
earlier date by the Captain of the Port, Pittsburgh, Pennsylvania. It 
does not apply to empty (containing no more than normal clingage) 
single hull tank barges.

Regulatory Evaluation

    This regulation 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. A full regulatory analysis is unnecessary 
because the Coast Guard expects the impact of this regulation to be 
minimal due to its relatively short duration and the historically 
limited use of single hull tank barges by the marine industry in the 
area to be regulated.

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 Sec. 165.T02-007 is added, to read as follows:


Sec. 165.T02-007  Safety Zone: Ohio River and Monongahela River.

    (a) Location. The Ohio River between mile 0.0 and mile 121.6 and 
the Monongahela River between mile 0.0 to mile 128.7 is established as 
a safety zone.
    (b) Effective dates. This regulation is effective at 4 p.m. on 
January 21, 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. Single hull tank barges loaded with regulated 
cargoes (oil or hazardous materials) shall not be permitted to enter or 
transit within the regulated area unless specifically authorized by the 
Captain of the Port Pittsburgh. This prohibition does not apply to 
empty (containing no more than normal clingage) single hull tank 
barges. All other vessels may transit without restriction.

    Dated: January 21, 1994.
M.W. Brown,
Commander, U.S. Coast Guard, Captain of the Port, Pittsburgh, 
Pennsylvania.
[FR Doc. 94-2214 Filed 1-31-94; 8:45 am]
BILLING CODE 4910-14-M