[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