[Federal Register Volume 59, Number 75 (Tuesday, April 19, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-9410]


[[Page Unknown]]

[Federal Register: April 19, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD08-93-027]
RIN 2115-AE79

 

Regulated Navigation Area: Oliver Lock and Dam; Black Warrior 
River-MM 338

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule.

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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area at 
the Oliver Lock and Dam at MM 338 of the Black Warrior River. This 
regulation places restrictions on downbound tows passing through the 
lock during periods of high Tail-Water Gauge readings. Strong currents 
exist during high water conditions below the lock and dam that set 
downbound tows against the right protruding bank. The regulations 
applicable in this regulated navigation area in high water conditions 
will alleviate this problem.

DATES: This regulation becomes effective on April 19, 1994. Comments on 
this regulation must be received on or before June 3, 1994.

ADDRESSES: Comments should be mailed to Commander (mps), Eighth Coast 
Guard District, Hale Boggs Federal Bldg., 501 Magazine St., New 
Orleans, LA 70130-3396. Comments may also be hand-delivered to this 
address. The comments and other materials related to this regulation 
will be available for inspection and copying in room 1341 at the above 
address. Normal office hours are between 7:30 a.m. and 4 p.m., Monday 
through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Verne Gifford, Marine Safety Division, Eighth Coast Guard 
District, room 1341, Hale Boggs Federal Building, 501 Magazine Street, 
New Orleans, LA 70130-3396. Phone number: (504) 589-6188.

SUPPLEMENTARY INFORMATION: 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 from the date 
of publication. Following normal rulemaking procedures would have been 
contrary to the public interest. Several near miss marine casualties 
have occurred previously as a result of the conditions cited above. 
Immediate action is needed to prevent marine casualties and to protect 
the environment during instances of high water.
    Although this regulation is published as a final rule without prior 
notice, an opportunity for public comment is nevertheless desirable to 
ensure that the regulation is both reasonable and workable. 
Accordingly, persons wishing to comment may do so by submitting written 
comments to the office listed under ADDRESS in this preamble. 
Commenters should include their names and addresses, identify the 
docket number for the regulations, and give reasons for their comments. 
Based upon comments received, the regulations may be changed.

Drafting Information

    The Drafters of this regulation are LTJG R.S. Hoffmann, project 
officer for the Captain of the Port, Mobile, Alabama, LT Verne Gifford, 
project officer, Eighth Coast Guard District Marine Safety Division, 
and CDR D.G. Dickman, project attorney, Eighth Coast Guard District 
Legal Office.

Discussion of Regulations

    These regulations have been established to decrease the risk of a 
marine casualty or oil pollution incident below the Oliver Lock and 
Dam. During normal river conditions, a tow leaving the lock has the 
current coming over the dam moving the tow to the right, making it 
difficult to move away from the lock wall and the right bank. The tows 
must navigate around a point of land on the right descending bank, 
which is fortified with rip-rap. In order to avoid this bank, they must 
offset the current by powering toward the Hunt Oil Dock located on the 
left descending bank in the same area. This situation is hazardous as a 
tow may be pushed into the right descending bank or ram crude oil 
barges docked at Hunt Oil, causing a major marine casualty or pollution 
incident.
    The recent incomplete removal of the deflector dike on the 
downstream side of the Oliver Lock and Dam has accentuated the problem 
of currents pushing downbound tows toward the right protruding bank as 
they exit the lock. However, the problem will continue after removal of 
the remainder of the deflector dike. In higher water conditions, the 
currents are stronger and therefore the situation is even more 
hazardous. Already these conditions have resulted in many near misses, 
as reported by many of the towing companies using the lock.
    The Coast Guard seeks to alleviate this situation by limiting tow 
sizes as the water level increases. This makes maneuvering easier for 
towboat operators because smaller tows have less area for the current 
to affect and because smaller tows increase the horsepower per ton 
ratio for the tow. Prohibiting downbound oil or hazardous material 
barges from transitting the lock when the river is exceptionally high 
will alleviate the danger of those products being released due to the 
hazardous downbound conditions should a tow and barge have difficulty 
navigating due to these hazardous downbound conditions.

Economic Assessment and Certification

    This regulation is not considered to be a significant regulatory 
action under Executive Order 12866 and is nonsignificant under 
Department of Transportation regulatory policies and procedures (44 FR 
11034; February 26, 1979). The economic impact has been found to be so 
minimal that a full regulatory evaluation is unnecessary. This is based 
on the following historic data provided by the Army Corps of Engineers 
for percentage of days per year on which conditions exist on the Black 
Warrior River that would require compliance with this regulation: a 
Tail-Water Gauge reading of 102.3 feet or less--78% or 285 days per 
year; a Tail-Water Gauge reading of 102.3 feet to 112.3 feet--16% or 58 
days per year; a Tail-Water Gauge reading of 112.3 feet or greater--6% 
or 22 days per year. Normal high water periods are during the months of 
January through April. Transit statistics for the Black Warrior and 
Tombigbee Rivers for the most recent year for which such statistics are 
available, 1989, indicate that there were 8,110 towboat transits, 
including 1,517 tank barge transits, which may be potentially affected 
by these regulations. Additionally, the Coast Guard certifies that this 
regulation will not have a significant economic impact on a substantial 
number of small entities.

Federal Assessment

    This action has been analyzed in accordance with the principles and 
criteria contained in Executive Order 12612, and it has been determined 
that this rulemaking does not raise sufficient federalism implications 
to warrant the preparation of Federalism Assessment.

Environmental Assessment

    This rule has been thoroughly reviewed by the Coast Guard. It has 
been determined not to have a significant effect on the human 
environment or environmental conditions and to be categorically 
excluded from further environmental documentation in accordance with 
section 2.B.2.c. of Commandant Instruction M16475.1B. The Coast Guard 
welcomes comments on potential environmental impacts of this rule.

Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

Final Regulation

    In consideration of the foregoing, part 165 of Title 33, Code of 
Federal Regulations, is amended as follows:
    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 new Sec. 165.809 is added to read as follows:


Sec. 165.809  Regulated navigation area: Oliver Lock and Dam; Black 
Warrior River--MM 338.

    The following restrictions apply to downbound loaded tows passing 
through the Oliver Lock and Dam on the Black Warrior River at Mile 
Marker (MM) 338:
    (a) When the Tail-Water Gauge reading at the Oliver Lock and Dam is 
102.3 feet or greater, loaded tank barge tows must not exceed 55 feet 
in width and 600 feet in length, not including the towing vessel.
    (b) When the Tail-Water Gauge reading at the Oliver Lock and Dam is 
112.3 feet or greater, loaded open hopper barge tows must not exceed a 
maximum of four barges and a width of 70 feet. Loaded tank barge tows 
must not exceed a maximum of two barges and a width of 55 feet.
    (c) When the Tail-Water Gauge reading at the Oliver Lock and Dam is 
123 feet or greater, no tank or other barges loaded in bulk with oil or 
hazardous material, as that term is defined under the provisions of 46 
CFR 153.20, may transit the lock.

    Dated: April 6, 1994.
C.B. Newlin,
Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting.
[FR Doc. 94-9410 Filed 4-18-94; 8:45 am]
BILLING CODE 4910-14-M