[Federal Register Volume 60, Number 94 (Tuesday, May 16, 1995)]
[Proposed Rules]
[Pages 26011-26013]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-11890]



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[[Page 26012]]

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD02-95-003]
RIN 2115-AE84


Regulated Navigation Area; Ohio River Mile 466.0 to 473.0

agency: Coast Guard, DOT.

action: Notice of proposed rule making.

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summary: The Coast Guard proposes to establish a regulated navigation 
area on the Ohio River in the Cincinnati, OH area. The regulation is 
needed to control vessel traffic while transiting downbound at night 
during high water conditions in the regulated area. 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.

dates: Comments must be submitted on or before July 17, 1995.

addresses: Comments may be mailed to Commanding Officer, U.S. Coast 
Guard Marine Safety Office, 600 Martin Luther King Place, Room 360, 
Louisville, KY 40202-2230. The comments and other materials referenced 
in this notice will be available for inspection at this address. Normal 
office hours are between 7:30 a.m. and 4 p.m., Monday through Friday, 
except holidays. Comments may also be hand delivered to this address.
    The Commanding Officer, U.S. Coast Guard Marine Safety Office, 
Louisville, KY, maintains the public docket for this rulemaking. 
Comments will become part of this docket.

for further information contact: Lieutenant Kelly S. Roberts, Project 
Officer, U.S. Coast Guard Marine Safety Office, Louisville, Kentucky at 
(502) 582-5194, or Lieutenant S. Moody, Project Attorney, Second Coast 
Guard District Legal Office, St. Louis, MO (314) 539-3812.

SUPPLEMENTARY INFORMATION:

Requests for Comments

    The Coast Guard encourages interested persons to participate in 
this rulemaking by submitting written data, views or arguments. Persons 
submitting comments should include their names and addresses, identify 
this rulemaking and the specific section of this proposal to which each 
comment applies, and give the reason for each comment. Each person 
wanting acknowledgment of receipt of comments should enclose a stamped, 
self-addressed postcard or envelope.
    The Coast Guard will consider all comments received during the 
comment period. It may change this proposal in view of the comments.
    The Coast Guard plans no public hearing. Persons may request a 
public hearing by writing to the Docket Clerk at the address under 
ADDRESSES. If it determines that the opportunity for oral presentations 
will aid this rulemaking, the Coast Guard will hold a public hearing at 
a time and place announced by a later notice in the Federal Register.

Drafting Information

    The principal persons involved in drafting this document are 
Lieutenant Kelly S. Roberts, Project Officer for the Captain of the 
Port, Louisville, Kentucky (502) 582-5194 and Lieutenant S. Moody, 
Project Attorney, Second Coast Guard District Legal Office, St. Louis, 
MO (314) 539-3812.

Background and Purpose

    The situation requiring this regulation is periodic high water 
conditions on the Ohio River in the vicinity of Cincinnati, Ohio. The 
Ohio River in the Cincinnati area is hazardous to transit under the 
best 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 gauge, river current 
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. This rule is intended to 
protect the public and the environment, at night during the periods of 
high water, from a potential hazard of large downbound tows carrying 
hazardous material through the regulated area.
    In the past, the Captain of the Port, Louisville, Kentucky has 
responded to this hazard by issuing a Temporary Final Rule to establish 
a Safety Zone in the area when warranted by high water conditions. This 
proposed rule is intended to establish a permanent Regulated Navigable 
Area in which restrictions are activated and deactivated as a function 
of river level. A permanent Regulated Navigable Area will permit 
vessels and commerce using the Ohio River to plan and schedule their 
tow traffic accordingly.

Discussion of Proposed Regulations

    This proposed rule would establish a Regulated Navigation Area on 
the Ohio River in the Cincinnati, Ohio area. The restrictions for the 
Regulated Navigation Area would only be in effect from one-half hour 
before sunset to one-half hour after sunrise whenever the river level 
is at or above 45 on the Cincinnati guage. The regulations would 
prohibit downbound tows containing cargoes regulated by Title 46 Code 
of Federal Regulations Subchapter D and O with a tow length exceeding 
600 feet in length not including the tow boat; require all commercial 
vessels in the regulated navigation area to monitor VHF-FM 
radiotelephone Channel 13; require all downbound commercial vessels to 
attempt to contact other vessels in the regulated navigation area 
shortly after entering the area; and prohibit vessels from loitering in 
the navigation channel.
    Since the water level of the Ohio River is seasonal and not 
predictable, establishing fixed calendar dates for the regulation is 
not practical. The regulation is structured to permit the Captain of 
the Port, Louisville, Kentucky to activate or deactivate the regulated 
navigable area by issuing the proper notices. Broadcast Notice to 
Mariners will be issued in anticipation of high water, then again when 
the river reaches 45 feet, and then a termination broadcast will be 
issued when the river falls below 45 feet. These regulations are needed 
due to the hazardous conditions that exist for all vessels transiting 
the Cincinnati area when the Ohio River is at high water during hours 
of darkness.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of Executive Order 12866 and does not require an assessment of 
potential costs and benefits under section 6(a)(3) of that order. It 
has been exempted from review by the Office of Management and Budget 
under that order. It is not significant under the regulatory policies 
and procedures of the Department of Transportation (DOT) (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 under paragraph 
10e of the regulatory policies and procedures of DOT is unnecessary.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), the 
Coast Guard must consider whether this proposal 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).

[[Page 26013]]

    Because it expects the impact of this proposal to be minimal, the 
Coast Guard certifies under 5 U.S.C. 605(b) that this proposal, if 
adopted, will not have a significant economic impact on a substantial 
number of small entities.

Collection of Information

    This proposal contains no collection of information requirements 
under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.).

Federalism Assessment

    The Coast Guard has analyzed this proposal in accordance with the 
principles and criteria of Executive Order 12612, and has determined 
that this proposal does not have 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, as revised by 59 FR 38654; July 29, 1994, 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.

    For the reasons set out in the preamble, The Coast Guard proposes 
to amend Subpart F of Part 165 of Title 33, Code of Federal 
Regulations, 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 new Sec. 165.205 is added to read as follows:


Sec. 165.205  Ohio River at Cincinnati, OH; regulated navigation area.

    (a) Location. The following is a regulated navigation area (RNA): 
The waters of the Ohio River between mile 466.0 and mile 473.0.
    (b) Activation. The restrictions in paragraphs (c) (1) through (4) 
of this section are in effect from one-half hour before sunset to one-
half hour after sunrise when the Cincinnati, Ohio, Ohio River Gauge is 
at or above the 45 foot level. The Captain of the Port, Louisville, 
Kentucky will publish a notice in the Local Notice to Mariners and will 
make announcements by Coast Guard Marine Information Broadcasts 
whenever the river level measured at the gauge activates or terminates 
the navigation restrictions in this section.
    (c) Regulations. (1) Transit through the RNA 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.
    (2) No vessel shall loiter, anchor, stop, remain or drift without 
power at anytime within the navigation channel of the RNA.
    (3) All commercial vessels shall continually monitor VHF-FM channel 
13 on their radiotelephone while in or approaching the RNA.
    (4) Between Ohio River miles 466.0 and 467.0, downbound vessels 
shall make a broadcast in the blind, on VHF-FM channel 13 announcing 
their presence in the RNA.

    Dated: April 14, 1995.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard Commander, Second Coast Guard District, 
St. Louis, MO.
[FR Doc. 95-11890 Filed 5-15-95; 8:45 am]
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