[Federal Register Volume 62, Number 43 (Wednesday, March 5, 1997)]
[Proposed Rules]
[Pages 9996-9997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-5048]


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DEPARTMENT OF DEFENSE

Corps of Engineers; Department of the Army

33 CFR Part 207


Navigation Regulations

AGENCY: U.S. Army Corps of Engineers, DoD.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Corps is proposing to amend the navigation regulations for 
the Red River Waterway, Louisiana and the Yazoo Diversion Canal at 
Vicksburg, Mississippi. It is proposed to amend the Red River Waterway 
navigation regulation which prescribe maximum length, width, and draft 
of vessel tows that are allowed to enter the lock chamber for each 
lockage. It is proposed to mend the Yazoo Diversion Canal navigation 
regulation that establishes procedures for mooring of vessels along the 
banks. If the proposal is approved for the Red River Waterway, the 
maximum length of allowable vessel tow that may enter the lock chamber 
for each lockage will be 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. If the proposal is approved 
for the Yazoo Diversion Canal, the navigation regulation would clarify 
vessel mooring locations along the canal banks for various river stages 
and that fairways will be established by the Vicksburg District 
Engineer. Establishment of fairways and specifying locations along the 
banks that vessels may moor for various river stages, will control 
indiscriminate vessel moorings and improve navigation safety .

DATES: Comments must be submitted on or before April 15, 1997.

ADDRESSES: HQUSACE, ATTN: CECW-OD, Washington, DC 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: 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 proposes to amend 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 safety 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. In addition to the publication of this proposed 
rule, the Corps Vicksburg District Engineer is concurrently soliciting 
public comment on these proposed changes to the Navigation

[[Page 9997]]

Regulations by distribution of a public notice to all known interested 
parties.

Procedureal Requirements

a. Executive Order 12866

    This proposed rule is not a significant regulatory action under 
E.O. 12866. The Corps expects the economic impact of this rule, if 
approved, to be so minimal that further regulatory evaluation is 
unnecessary. We have concluded this because we expect that the proposed 
change will benefit the commercial towing industry.

b. Review Under the Regulatory Flexibility Act

    These proposed rules have been 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 Corps expects that 
the economic impact of the change to the tow length on the Red River 
Waterway and mooring locations on the Yazoo Diversion Canal, would 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 proposal, if 
adopted, will have 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 
have concluded, based on the Red River Waterway increase in tow length 
and Yazoo Diversion Canal mooring locations, there will not be a 
significant impact to the human environment, and preparation of an 
environmental impact statement is not required. The environmental 
assessment may be reviewed at the Corps Vicksburg District Office, in 
room 129, Regulatory Branch, located at 4155 E. Clay Street, Vicksburg, 
Mississippi.

d. Collection of information

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

e. Federalism

    The Corps has analyze this proposed rule under principles and 
criteria in E.O. 12612 and has determined that this proposed rule does 
not have sufficient federalism implications to warrant preparation of a 
Federalism Assessment.

f. Unfunded Mandates Act

    This proposed 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 have also found, under Section 203 of the 
Act, that small Governments will not be significantly and uniquely 
affected by this rulemaking.

List of Subjects in 33 CFR Part 207

    Navigation (water), Transportation, and Lockage.
    For the reasons set out in the preamble, we propose to amend 33 CFR 
Part 207, as follows:

PART 207--NAVIGATION REGULATIONS

    The 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, and 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. No vessel or raft shall be moored along the west bank 
of the canal between points Latitude 32 deg.21'22'', Longitude 
90 deg.53'02'' and Latitude 32 deg.20'48'', Longitude 90 deg.53'22'', 
which is approximately 2000 feet above and 2000 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 enter into the 
Mississippi River to Latitude 32 deg.20'21'', Longitude 90 deg.53'44'' 
which is approximately 1200 feet from the mouth. At stages below 20 on 
the Vicksburg gage, no vessel or raft shall be moored along the east 
bank of the canal 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. 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) days without written 
permission from the District Engineer, Corps of Engineers, Vicksburg 
District 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: February 19, 1997.
John P. D'Aniello,
Deputy Director of Civil Works.
[FR Doc. 97-5048 Filed 3-4-97; 8:45 am]
BILLING CODE 3710-92-M