[Federal Register Volume 61, Number 111 (Friday, June 7, 1996)]
[Rules and Regulations]
[Pages 29021-29022]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14425]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Huntington 96-008]
RIN 2115-AA97


Safety Zone; Ohio River, miles 309.0 to 312.5; Vicinity of the 
Huntington West End Bridge, Huntington, WV

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard has established an emergency safety zone on 
the Ohio River, miles 309.0 to 312.5, in the vicinity of the Huntington 
West End Bridge, Huntington, WV. This regulation is needed to control 
vessel traffic in the regulated area to prevent potential safety 
hazards for transiting vessels and the general public resulting from a 
sunken hopper barge located approximately 300 feet downstream from the 
West End Bridge and subsequent salvage operations. The barge extends 
from the center line of the channel towards the left descending bank 
and is at a depth of 9 feet at normal pool of 24.7 feet on the 
Huntington gauge. The barge is marked with two lighted buoys and 
attended during periods of darkness and inclement weather by the M/V 
BUNKER BEAVER, monitoring marine radio channels 13 and 16. This 
regulations prohibits navigation in the regulated area during periods 
of periodic navigation in the regulated area during periods of periodic 
closure without the express permission of the Captain of the Port for 
the safety of vessel traffic and the protection of life and property 
along the river. Periods of closure will be announced via normally 
scheduled Coast Guard Broadcast Notice to Mariners or by Coast Guard 
personnel onscene.

EFFECTIVE DATES: This regulation is effective 7 p.m. EST on May 24, 
1996. It terminates on June 12, 1996 at 7 a.m. EST, unless terminated 
sooner by the Captain of the Port Huntington, WV.

FOR FURTHER INFORMATION CONTACT:
LTJG Todd A. Childers, Assistant Chief of the Port Operations 
Department, Captain of the Port, Huntington, West Virginia at (304) 
529-5524.

SUPPLEMENTARY INFORMATION: 

Regulatory History

    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 after Federal Register publication. 
Following normal rulemaking procedures will be impracticable. 
Specifically, a sunken barge at mile 310.8, Ohio River, has created a 
situation which presents 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 immediately.

Background and Purpose

    The activities requiring this regulation are the hazards posed by 
the sunken hopper barge and salvage operations that will be conducted 
for the recovery of the sunken barge at mile 310.8, Ohio River. The 
barge sank after taking on water following an allision with the 
Huntington West End Bridge while being pushed by the M/V E.W. THOMPSON 
on May 14, 1996. Due to river conditions salvage operations will not 
begin until on or about May 29, 1996. During salvage operations, the 
designated area will be subject to periodic closure and to traffic 
restrictions as deemed necessary by on scene Coast Guard 
representatives. This regulation is also required by falling water 
conditions on the Ohio River which are resulting in reduced water 
clearance over the sunken barge, making passage over the barge by 
transiting vessels extremely hazardous. The Captain of the Port, 
Huntington, WV will monitor the water conditions and the salvage 
operations once initiated. In order to provide for the safety of vessel 
traffic, the Captain of the Port Huntington intends to regulate vessel

[[Page 29022]]

traffic in that portion of the Ohio River from miles 309.0 to 312.5 for 
all vessels except those engaged in salvage or surveying operations 
until this hazard is mitigated. Transit of the area will be on a case-
by-case basis and only upon specific approval and direction of the 
Captain of the Port Huntington during periods of river closure. The 
Ohio side of the center channel is restricted in width, and the West 
Virginia alternate channel has been opened to provide safe navigational 
waters. Representatives of the Captain of the Port Huntington can be 
reached via marine radio on channels 13 or 16. Salvage operators can be 
reached by contacting the M/V ARKANSAS TRAVELER on marine radio 
channels 13 or 16. The M/V BUNKER BEAVER will be stationed on scene 
from 7 p.m. to 7 a.m. EST to render assistance as needed to transiting 
vessels. The M/V BUNKER BEAVER will be monitoring marine radio channels 
13 and 16. Regularly scheduled Broadcast Notice to Mariners will be 
issued to keep vessel operators appraised of the status of the safety 
zone.

Regulatory Evaluation

    This regulation 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 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 regulation to be such that a full Regulatory Evaluation 
under paragraph 10e of the regulatory policies and procedures of DOT is 
unnecessary, due to the duration of the actual river closure.

Small Entities

    The Coast Guard finds that the impact on small entities, if any, is 
not substantial. Therefore, the Coast Guard certifies under section 
605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) that 
this temporary rule 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 Assessment

    The Coast Guard has analyzed this regulation under the principles 
and criteria contained in Executive Order 12612 and has determined that 
it 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 
regulation and concluded that, under section 2.B.2 of Commandant 
Instruction M16475.1B, (as revised by 59 FR 38654; July 29, 1994) this 
regulation is categorically excluded from further environmental 
documentation.

List of Subjects in 33 CFR Part 165

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

Temporary Regulation

    In consideration of the foregoing, Subpart F 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; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    2. A temporary section 165.T02-008 is added, to read as follows:


Sec. 165.T02-008  Safety Zone: Ohio River

    (a) Location. The Ohio River between miles 309.0 and 312.5 is 
established as a safety zone.
    (b) Effective Dates. This section is effective from 7 p.m. e.s.t. 
on May 24, 1996. It terminates on June 12, 1996 at 7 a.m. e.s.t. unless 
terminated sooner by the Captain of the Port Huntington, WV.
    (c) Regulations.
    (1) Periods of river closure will be announced by Broadcast Notice 
to Mariners, and/or by Coast Guard representatives on-scene via channel 
13 and 16.
    (2) Under the general regulations of section 165.23 of this part, 
entry of vessels into this zone during periods of closure is prohibited 
unless authorized by the Captain of the Port.
    (3) All vessels must:
    (i) Communicate with on-scene by personnel from the Coast Guard 
Marine Safety Office, Huntington, WV, and/or the contract vessel M/V 
ARKANSAS TRAVELER on channel 13 or 16 VHF-FM to arrange for safe 
passage through the safety zone during all periods of closure.
    (ii) Communicate with the contract vessel M/V BUNKER BEAVER on 
channel 13 or 16 VHF-FM to arrange for safe passage through the safety 
zone at all other times between the hours of 7 p.m. and 7 a.m. e.s.t. 
or during periods of inclement weather.
    (4) Vessels engaged in conducting or supporting salvage operations 
may continue to operate as necessary.

    Dated: May 24, 1996, 5 p.m. e.s.t.
G.H. Burns, III,
Lieutenant Commander, U.S. Coast Guard, Captain of the Port, Acting, 
Huntington, WV.
[FR Doc. 96-14425 Filed 6-6-96; 8:45 am]
BILLING CODE 4910-14-M