[Federal Register Volume 60, Number 102 (Friday, May 26, 1995)]
[Rules and Regulations]
[Pages 27887-27888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13027]



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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165

[COTP Louisville 95-002]
RIN 2115-AA97


Safety Zone; Ohio River, Cincinnati, OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the 
Ohio River. The regulation is needed to control commercial 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 May 18, 1995, at 4 
p.m. edst. It will terminate at 6 p.m. edst, on May 30, 1995, unless 
sooner terminated by the Captain of the Port, Louisville, Kentucky.

FOR FURTHER INFORMATION CONTACT:
LT Paul D. Thorne, Supervisor, Coast Guard Marine Safety Detachment, 
Cincinnati, Ohio at (513) 922-3820.

SUPPLEMENTARY INFORMATION: 

Background and Purpose

    The situation requiring this rule 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 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 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 rule 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.
    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. 
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 Coast Guard deems it to be in the public's best interest to issue a 
rule now, as the situation presents an immediate hazard to navigation, 
life, and property.

Regulatory Evaluation

    This rule is not a significant regulatory action under section 3(f) 
of [[Page 27888]] 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). Because the duration of this emergency 
situation is anticipated to be short, 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.

    To avoid any unnecessary adverse economic impact on businesses 
which use the river for commercial purposes, Captain of the Port, 
Louisville, Kentucky will monitor river conditions and will authorize 
entry of restricted vessels into the regulated area as conditions 
permit. Changes will be announced by Marine Safety Information Radio 
broadcast (Broadcast Notice to Mariners) on VHF marine band radio, 
channel 22 (157.1 MHZ). Mariners may also call LT Paul D. Thorne, 
Supervisor, Coast Guard Marine Safety Detachment, Cincinnati, Ohio at 
(513) 922-3820 for current information.

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 rule 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.

Environment

    The Coast Guard considered the environmental impact of this rule 
and concluded that, under section 2.B.2. of Commandant Instruction 
M16475.1B, this rule is categorically excluded from further 
environmental documentation.

Lists of Subjects in 33 CFR Part 165

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

    For the reasons set out in the preamble, the Coast Guard amends 33 
CFR Part 165 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 new temporary Sec. 165.T02-008 is added, to read as follows:

Sec. 165.T02-008  Safety Zone: Ohio River, Cincinnati, OH.

    (a) Location. The following area is a safety zone: The Ohio River 
between miles 468.5 and 473.0.

    (b) Effective Dates. This section becomes effective on May 18, 
1995, at 4 p.m. EDST. It will terminate at 6 p.m. EDST on May 30, 1995, 
unless sooner terminated by the Captain of the Port, Louisville, 
Kentucky.

    (c) Regulations. In accordance with the general regulations of 
Sec. 165.23 of this part, entry into this 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. The Captain of the Port will notify the 
maritime community of river conditions affecting the area covered by 
this safety zone by Marine Safety Information Radio Broadcast on VHF 
Marine Band Radio, Channel 22 (157.1 MHZ).

    Dated: May 18, 1995.

W.J. Morani, Jr.,

Captain, U.S. Coast Guard, Captain of the Port, Louisville, Kentucky.

[FR Doc. 95-13027 Filed 5-25-95; 8:45 am]

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