[Federal Register Volume 59, Number 81 (Thursday, April 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10175]


[Federal Register: April 28, 1994]


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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Louisville 94-006]
RIN 2115-AA97


Safety Zone; Ohio River Mile 468.5 to 473.0

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. The regulation is needed to control vessel traffic in the 
regulated area while transiting downbound at night during high water 
conditions. The regulation will restrict commercial navigation in the 
regulated area for the safety of vessel traffic and the protection of 
life and property along the river.

EFFECTIVE DATES: This regulation is effective on April 15, 1994, at 7 
p.m. EDST. It will terminate at 6 p.m. EDST on May 15, 1994, unless 
sooner terminated by the Captain of the Port, Louisville, Kentucky.

FOR FURTHER INFORMATION CONTACT:
LT Phillip Ison, Operations Officer, Captain of the Port, Louisville, 
Kentucky at (502) 582-5194.

SUPPLEMENTARY INFORMATION:

Drafting Information

    The drafter of this regulation is LT Phillip Ison, Project Officer, 
Marine Safety Office, Louisville, Kentucky.

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. 
In effect, this regulation extends an existing safety zone which will 
terminate at 7 p.m. EDST on April 15, 1994. Although this regulation 
continues restrictions which have been in place for fifteen days, 
following normal rulemaking procedures would have been impracticable. 
Specifically, the high water periods in the Cincinnati, Ohio area are 
natural events which cannot be predicted with any reasonable accuracy. 
The need to extend the restrictions, and how long they should be kept 
in place, could not have been predicted until recently, making it more 
practical to issue a new regulation instead of extending the current 
one. As the river conditions present 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 now.

Background and Purpose

    The situation requiring this regulation is high water in the Ohio 
River in the vicinity of Cincinnati, Ohio. The Ohio River in the 
Cincinnati area is hazardous to transit under the best of conditions. 
To transit the area, mariners must navigate through several sweeping 
turns and seven bridges. When the water level in the Ohio River reaches 
45 feet, on the Cincinnati gage, river currents increase and become 
very unpredictable, making it difficult for downbound vessels to 
maintain steerageway. During hours of darkness the background lights of 
the city of Cincinnati hamper mariners' ability to maintain sight of 
the front of their tow. The regulation is intended to protect the 
public and the environment, at night during periods of high water, from 
a potential hazard of large downbound tows carrying hazardous material 
through the regulated area.

Regulatory Evaluation

    This rule 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.
    The Coast Guard expects the impact of this regulation to be so 
minimal that a Regulatory Evaluation is unnecessary.

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 of Commandant 
Instruction M16475.1B, this proposal is categorically excluded from 
further environmental documentation as an action required to protect 
the public and the environment.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Records and 
recordkeeping, Security measures, Vessels, Waterways.

Temporary Regulation

    In consideration of the foregoing, subpart C of part 165 of title 
33, Code of Federal Regulation, 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.T02-022 is added, to read as follows:


Sec. 165.T02-022  Safety Zone: Ohio River.

    (a) Location. The Ohio River between mile 468.5 and mile 473.0 is 
established as a safety zone.
    (b) Effective Dates. This section becomes effective on April 15, 
1994, at 7 p.m. EDST. It will terminate at 6 p.m. EDST on May 15, 1994, 
unless sooner terminated by the Captain of the Port Louisville, 
Kentucky.
    (c) Regulations. In accordance with the general regulations under 
Sec. 165.23 of this part, entry into the described zone by all 
downbound vessels towing cargoes regulated by title 46 Code of Federal 
Regulations Subchapters D and O with a tow length exceeding 600 feet 
excluding the tow boat is prohibited from one-half hour before sunset 
to one-half hour after sunrise.

    Dated: April 12, 1994.
W.J. Morani, Jr.,
Commander, U.S. Coast Guard, Captain of the Port, Louisville, Kentucky.
[FR Doc. 94-10175 Filed 4-26-94; 8:45 am]
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