[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: 94-9412]


[[Page Unknown]]

[Federal Register: April 19, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[CGD01-93-030]
RIN 2115-AE80

 

Regulated Navigation Area; Providence River, Providence, RI

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is making the deep draft channel between 
Narragansett Bay Entrance Lighted Horn Buoy NB (LLNR 17675) and 
Providence River Channel Light 42 (LLNR 18580, Fuller Rock Light), a 
Regulated Navigation Area (RNA). This action is necessary to protect 
the maritime community from the hazards to navigation associated with 
the extreme shoaling that has taken place within the Providence River 
channel.

EFFECTIVE DATE: This regulation is effective on May 1, 1994.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Walt Petig, of Marine Safety Office Providence at (401) 435-
2300.

SUPPLEMENTARY INFORMATION: 

Drafting Information

    The principal persons involved in drafting this regulation are 
Lieutenant W. Petig, Project Manager for the Coast Guard Captain of the 
Port, Providence, Lieutenant Commander J. Stieb, Project Counsel for 
the First Coast Guard District Legal Office, and Lieutenant M. Swegles, 
Project Coordinator for the First Coast Guard District Aids to 
Navigation and Waterways Management Office.

Regulatory History

    On February 17, 1993, the Captain of the Port, Providence, signed 
an emergency Safety Zone Regulation for the Providence River Channel. 
This regulation was published in the Federal Register on March 16, 1993 
(58 FR 14151). The Captain of the Port, Providence requested comments 
concerning the safety zone regulation and received none. This emergency 
Safety Zone Regulation imposed restrictions on vessel traffic 
pertaining to maximum allowable drafts, one way traffic, and 
communications.
    The Coast Guard published a Notice of Proposed Rulemaking (NPRM) 
proposing the establishment of a Regulated Navigation Area in the 
Providence River in the Federal Register on December 16, 1993 (58 FR 
65684). That NPRM differed from the emergency safety zone regulations 
by enlarging the area which is regulated, adding a restriction 
concerning operations in reduced visibility, and reducing the number of 
SECURITE call locations for outbound vessels. No letters or comments on 
the proposed rule were received. Therefore, the Coast Guard is 
publishing the final regulation as proposed. Public hearings were not 
requested and none were held.

Background and Purpose

    In February of 1993, the Captain of the Port, Providence, received 
the results of a hydrographic survey of the Providence River Federal 
navigation channel. This survey conducted by the Army Corps of 
Engineers showed that serious shoaling was taking place in the northern 
section of the channel. To provide for the safety of the port, the 
Captain of the Port, Providence, published an emergency Safety Zone 
regulation in the Federal Register on March 16, 1993 (58 FR 14151). 
Comments were solicited and none were received. A task force to study 
the need for dredging in the affected areas was organized by the state. 
However, due to the contamination of the dredge spoils and local 
environmental concerns, a decision is not expected in the near future. 
The finalizing of this RNA will allow the Coast Guard to regulate 
vessel traffic over an extended period of time. It is designed to 
protect the Port of Providence from any deep draft vessel casualty due 
to shoaling that may result in a grounding or associated casualty 
leading to loss of life, injury, property loss, oil or hazardous 
material discharge, or blockage of the channel.
    The existing safety zone regulating vessel traffic in the effected 
area will expire on May 1, 1994. In the interest of safety and the 
public's interest in maintaining continuity in the regulations 
governing vessel traffic in this area, good cause exists for having 
this rule, which is nearly identical to the regulations that have been 
in effect since February 17, 1993, take effect on May 1, 1994.

Regulatory Evaluation

    This rule is not a significant regulatory action under Executive 
Order 12866 and is not significant under the ``Department of 
Transportation Regulatory Policies and Procedures'' (44 FR 11040; 
February 26, 1979). The Coast Guard expects the economic impact of this 
rule to be so minimal that a full Regulatory Evaluation is unnecessary. 
The emergency regulations have been in effect since February 17, 1993. 
Commercial operators utilizing the Port of Providence have reported no 
problems or economic burdens due to these regulations. The volume of 
commercial traffic utilizing this waterway is such that the costs 
incurred due to delays because of one-way traffic or reduced visibility 
are considered minimal and are far outweighed by the extra measures of 
safety provided by the regulations.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this rule, if adopted, will have a 
significant economic impact on a substantial number of small entities. 
``Small entities'' include independently owned and operated small 
businesses that are not dominant in their field and that otherwise 
qualify as ``small business concerns'' under section 3 of the Small 
Business Act (15 U.S.C. 632). For the reasons discussed in the 
Regulatory Evaluation, the Coast Guard expects the economic impact of 
this rule to be minimal on all entities. Therefore, the Coast Guard 
certifies under 5 U.S.C. 605(b) that this rule, if adopted, 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

    The Coast Guard has analyzed this rule in accordance with the 
principles and criteria contained in Executive Order 12612 and has 
determined that this rule does not have sufficient federalism 
implication to warrant the preparation of a Federalism Assessment.

Environment

    The environmental impact of this rule has been evaluated using the 
Coast Guard's procedures for implementing the National Environmental 
Policy Act (Commandant Instruction M16475.1B). Under Section 2.B.2.(c) 
of these procedures, it is concluded that this action is categorically 
excluded from further environmental documentation. A Categorical 
Exclusion Determination is available in the docket.

List of Subjects in 33 CFR Part 165

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

    For the reasons set out in the preamble, the Coast Guard amends 
part 165 of title 33 of the Code of Federal Regulations.

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

    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. Section 165.122 is added to read as follows:


Sec. 165.122  Providence River, Providence, R.I. regulated navigation 
area.

    (a) Description of the regulated navigation area (RNA). The 
Regulated Navigation Area (RNA) encompasses the deep draft channel 
between Narragansett Bay Entrance Lighted Horn Buoy NB (LLNR 17675) 
41 deg.23.0' N Latitude, 71 deg.23.4' W Longitude, and Fox Point, 
Providence.
    (b) Regulations. (1) The following restrictions apply in the 
portion of the regulated area between Conimicut Light (LLNR 18305) and 
Channel Light 42 (Fuller Rock Light, (LLNR 18580)).
    (i) No vessel with a draft greater than 35 feet may transit when 
water depth is at or below mean low water.
    (ii) Vessels with drafts greater than 35 feet but less than 38 feet 
may transit when water depth is other than that on or below mean low 
water, provided there is sufficient depth under the keel to prevent 
grounding.
    (iii) Vessels with drafts greater than or equal to 38 feet must 
obtain permission, 48 hours in advance of the desired transit time, 
from the Captain of the Port, Providence to transit.
    (2) Vessels with drafts greater than 35 feet must have at least one 
mile of visibility to transit the regulated area between Conimicut 
Light (LLNR 18305) and Channel Light 42 (LLNR 18580, Fuller Rock 
Light).
    (3) Vessels over 65 feet in length are prohibited from passing, 
meeting, or overtaking other vessels over 65 feet in length in the 
regulated area from:
    (i) Gaspee Point to Channel Light 42, (Fuller Rock Light, LLNR 
18580).
    (ii) Conimicut Point Reach (Conimicut Light, LLNR 18305) to Channel 
Lighted Buoy 19, 41 deg. 43.7' N Latitude, 71 deg. 21.8' W Longitude, 
(LLNR 18330) and Channel Lighted Buoy 20, 41 deg. 43.7' N Latitude, 
71 deg. 21.8' W Longitude, (LLNR 18335).
    (4) Vessels over 65 feet in length inbound for berths up the 
Providence River, planning to transit through the deep draft channel, 
are required to make Safety Signal (SECURITE) calls on both VHF 
channels 13 and 16 at the following geographic locations: Pilot's 
Station, Abeam of Castle Hill, Approaching the Newport bridge, South of 
Prudence Island, Abeam of Sandy Point, Abeam of Popasquash Point, 
Approaching the Southern End of Rumstick Neck Reach, Abeam of Conimicut 
Point Light (LLNR 18305), Abeam of Gaspee Point, Abeam of Sabin Point 
and upon mooring.
    (5) Vessels over 65 feet in length outbound for sea down the 
Providence River Channel transiting through this regulated navigation 
area are required to make SECURITE calls on VHF channels 13 and 16 at 
the following geographic locations: one-half hour prior to departure 
from the berth, at departure from the berth, Abeam of Sabin Point, 
Abeam of Gaspee Point, and Abeam of Conimicut Light (LLNR 18305).
    (6) Vessels 65 feet and under in length and all recreational 
vessels when meeting deep draft commercial vessel traffic in the 
Providence River Channel between Conimicut Light (LLNR 18305) and 
Channel Light 42 (LLNR 18580, Fuller Rock Light) shall keep out of the 
way of the oncoming deep draft commercial vessel.
    (7) The Captain of the Port, Providence, may authorize a deviation 
from these regulations.
    (c) Enforcement. Violations of this regulated navigation area 
should be reported to the Captain of the Port, Providence, at (401) 
435-2300. Persons in violation of these regulations will be subject to 
civil penalty under Sec. 165.13(b) of this part.

    Dated: March 28, 1994.
K.W. Thompson,
Captain, U.S. Coast Guard, Acting Commander, First Coast Guard 
District.
[FR Doc. 94-9412 Filed 4-18-94; 8:45 am]
BILLING CODE 4910-14-M