[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Rules and Regulations]
[Pages 24427-24429]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11689]


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DEPARTMENT OF DEFENSE

Department of the Army, Corps of Engineers

33 CFR Part 207


Navigation Regulations

AGENCY: U.S. Army Corps of Engineers, DoD.
ACTION: Final rule.

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SUMMARY: The Corps is amending the navigation regulations for the Red 
River Waterway, Louisiana and the Yazoo Diversion Canal at Vicksburg, 
Mississippi. The Red River Waterway navigation regulation is amended to 
prescribe the maximum length, width, and draft of vessel tows that are 
allowed to enter the lock chamber for each lockage. The Yazoo Diversion 
Canal navigation regulation is amended to establish procedures and 
location for mooring of vessels along the west bank. The maximum length 
of allowable vessel tow that may enter the lock chamber for each 
lockage on the Red River Waterway, is increased from 685 feet to 705 
feet. The maximum allowable width and draft of tow remains the same at 
80 feet and 9 feet, respectively. Increasing the usable tow length to 
705 feet will increase the efficiency of lock operations by reducing 
the number of tow breakups during a locking operation. The navigation 
regulation for the Yazoo Diversion Canal will clarify vessel mooring 
locations along the canal west bank for various river stages and 
provide that fairways will be established by the Vicksburg District 
Engineer. Establishing fairways and specifying locations along the west 
bank where vessels may moor during various river stages will control 
indiscriminate vessel moorings and improve navigation safety.

DATES: The final rule is effective June 3, 1998.

ADDRESSES: HQUSACE, ATTN: CECW-OD, Washington, D.C. 20314-1000.

FOR FURTHER INFORMATION CONTACT:
Mr. Jim Hilton, Dredging and Navigation Branch (CECW-OD) at (202) 761-
8830 or Mr. Jim Jeffords, Vicksburg District, Operations Division at 
(601) 631-5274.

SUPPLEMENTARY INFORMATION: The notice of proposed rulemaking was 
published on Wednesday, March 5, 1997, Vol. 62, No. 43, pages 9996-
9997.
    Pursuant to its authorities in Section 7 of the Rivers and Harbors 
Act of 1917 (40 Stat. 266; 33 U.S.C. 1), the Corps is amending the 
regulations in 33 CFR Part 207. The Commanding Officer, Lower 
Mississippi Valley Division, Vicksburg, Mississippi has requested an 
amendment to the regulations in 33 CFR 207.249(b)(5)(iv) and 33 CFR 
207.260 (c) and (g). The 685 feet maximum tow length currently allowed 
in the Red River Waterway lock chamber is based on the design vessel 
tow length. Increasing the tow length that may safely enter the lock 
chamber for each lockage to 705 feet, will not affect the safety of 
either the lock structure or the tow in the chamber during a filling or 
emptying operation, if the tow is properly secured and positioned.

Discussion of Public Comments and Changes

    Section 207.249(b)(5)(iv). Two comments were received to the March 
5, 1997, Federal Register notice to increase the tow length. These 
individuals supported the proposed increase in vessel tow length from 
685 feet to 705 feet for vessels attempting to pass through the lock 
during normal pool stages in a single passage.
    Section 207.260 (c) and (g). Five comments were received to the 
proposed amendment to regulate mooring along the east and west banks of 
the Yazoo Diversion Canal based on water level stages at the Vicksburg 
gage.

[[Page 24428]]

All individuals recognized the danger of mooring along the banks in 
close proximity to the confluence of the Yazoo Diversion Canal and the 
Mississippi River. However, there was no consensus on what distance 
from the confluence vessels could be safely moored along the banks of 
the canal. Several individuals requested that the proposed mooring 
location on the west bank be modified, since restricting mooring would 
cause economic hardship to adjacent property owners. A meeting with the 
five affected parties resulted in a resolution satisfactory to all. All 
agreed that no vessel or raft shall be moored along the east bank of 
the Yazoo Diversion Canal at any stage for approximately 750 feet from 
the mouth of the canal where it enters into the Mississippi River. 
Mooring along the west bank would be regulated as follows: At stages 
below 20 feet on the Vicksburg Gage, no vessel or raft shall be moored 
along the west bank of the canal between points Latitude 
32 deg.21'16'', Longitude 90 deg.53'05'' and Latitude 32 deg.20'55'', 
Longitude 90 deg.53'18'', which is approximately 1200 feet above and 
1200 feet below the public boat launch (foot of Clay Street) at 
Vicksburg City Front. No vessel or raft shall be moored along the west 
bank of the canal at any stage from the mouth of the Yazoo Diversion 
Canal where it enters into the Mississippi River to Latitude 
32 deg.20'21'', Longitude 90 deg.53'44'', which is approximately 1200 
feet from the mouth.

Procedural Requirements

A. Executive Order 12866

    This final rule is not a significant regulatory action under E.O. 
12866. The economic impact of this rule is so minimal that further 
regulatory evaluation is unnecessary. We conclude this because the 
change benefits the commercial towing industry.

B. Review Under the Regulatory Flexibility Act

    These final rules were reviewed under the Regulatory Flexibility 
Act (Pub. L. 96-354), which requires the preparation of a regulatory 
flexibility analysis for any regulation that will have a significant 
economic impact on a substantial number of small entities (i.e., small 
businesses and small Governments). The economic impact of the change to 
the tow length on the Red River Waterway and mooring locations on the 
Yazoo Diversion Canal, will have a positive affect on the towing 
industry and the general public, with no anticipated navigational 
safety or interference with existing waterway traffic and accordingly 
certifies that this final rule has no significant economic impact on 
small entities.

C. Review Under the National Environmental Policy Act

    An environmental assessment has been prepared for this action. We 
concluded, based on the Red River Waterway increase in tow length and 
Yazoo Diversion Canal mooring locations, that there is no significant 
impact to the human environment, and preparation of an environmental 
impact statement is not required. The environmental assessment was 
available for review during the public comment period at the Corps 
Vicksburg District Office, Vicksburg, Mississippi.

D. Collection of Information

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

E. Federalism

    The Corps has analyzed this final rule under principles and 
criteria in E.O. 12612 and determined that this final rule has no 
sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

F. Unfunded Mandates Act

    This final rule does not impose an enforceable duty among the 
private sector and therefore, is not a Federal private sector mandate 
and is not subject to the requirements of Section 202 or 205 of the 
Unfunded Mandates Act. We also found, under Section 203 of the Act, 
that small Governments are not significantly and uniquely affected by 
this rulemaking.

List of Subjects in 33 CFR Part 207

    Navigation (water), Transportation, and Lockages.

    For the reasons set out in the preamble, 33 CFR Part 207 is 
amended, as follows:

PART 207--NAVIGATION REGULATIONS

    1. Authority citation for Part 207 continues to read as follows:

    Authority: 40 Stat. 266 (33 U.S.C. 1).

    2. Section 207.249 is amended by revising paragraphs (b)(5)(iv) to 
read as follows:


Sec. 207.249  Ouachita and Black Rivers, Ark. and La. Mile 0.0 to Mile 
338.0 (Camden, Ark.) above the mouth of the Black River; the Red River, 
La., Mile 6.7 (Junction of Red, Atchafalaya and Old Rivers) to Mile 
228.0 (Shreveport, La.); use, administration, and navigation.

* * * * *
    (b) * * *
    (5) * * *
    (iv) The maximum dimensions on the Red River Waterway of a vessel 
tow attempting to pass through the lock during normal pool stages in a 
single passage are 80 feet wide, 705 feet long, and 9 feet draft. Tows 
requiring breaking into two or more sections to pass through the lock 
may transit the lock at such time as the lockmaster/lock operator 
determines that they will neither unduly delay the transit of craft of 
lesser dimensions, nor endanger the lock structure and appurtenances 
because of wind, current, or other adverse conditions. These craft are 
also subject to such special handling requirements as the lockmaster/
lock operator finds necessary at the time of transit.
* * * * *
    3. Section 207.260 is amended by revising paragraphs (c) and (g) to 
read as follows:


Sec. 207.260  Yazoo Diversion Canal, Vicksburg, Miss., from its mouth 
to the entrance of the upper Vicksburg Harbor Extension.

* * * * *
    (c) Mooring. At stages below 20 feet on the Vicksburg Gage, no 
vessel or raft shall be moored along the west bank of the canal between 
points Latitude 32 deg.21'16'', Longitude 90 deg.53'05'' and Latitude 
32 deg.20'55'', Longitude 90 deg.53'18'', which is approximately 1200 
feet above and 1200 feet below the public boat launch (foot of Clay 
Street) at Vicksburg City Front. No vessel or raft shall be moored 
along the west bank of the canal at any stage from the mouth of the 
Yazoo Diversion Canal where it enters into the Mississippi River to 
Latitude 32 deg.20'21'', Longitude 90 deg.53'44'', which is 
approximately 1200 feet from the mouth of the canal. No vessel or raft 
shall be moored along the east bank of the canal at any stage from the 
mouth of the Yazoo Diversion Canal where it enters into the Mississippi 
River to Latitude 32 deg.20'12'', Longitude 90 deg.53'41'', which is 
approximately 750 feet from the mouth of the canal. When tied up, 
boats, barges, or rafts shall be moored by bow and stern lines parallel 
to the bank and as close in as practicable. Lines shall be secured at 
sufficiently close intervals to insure the vessel or raft will not be 
drawn away from the bank by winds, current, or other passing vessels. 
No vessel or raft shall be moored along the banks of the canal for a 
period longer than five (5) calendar days without written permission 
from the District Engineer, Corps of Engineers, Vicksburg District

[[Page 24429]]

Office, 4155 E. Clay St., Vicksburg, Mississippi 39180-3435.
* * * * *
    (g) Fairway. A clear channel not less than 175 feet wide as 
established by the District Engineer shall be left open at all times to 
permit free and unobstructed navigation by all types of vessels.

    Dated: March 25, 1998.

    Approved:
Robert W. Burkhardt,
Colonel, Corps of Engineers, Executive Director of Civil Works.
[FR Doc. 98-11689 Filed 5-1-98; 8:45 am]
BILLING CODE 3710-92-M