[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2415-2417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1386]



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DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 165

[CGD02-95-003]
RIN 2115-AE84


Regulated Navigation Area; Ohio River Mile 466.0 to Mile 473.0

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a regulated navigation area on 
the Ohio River in the Cincinnati, OH area. The rule is needed to 
control vessel traffic while transiting downbound at night during high 
water conditions in the regulated area. The rule 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 DATE: This rule is effective February 26, 1996.

ADDRESSES: The Commanding Officer, U.S. Coast Guard Marine Safety 
Office, Louisville, KY, maintains the public docket for this rule. The 
documents and 

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other materials referenced in this notice will be available for 
inspection at the U.S. Coast Guard Marine Safety Office, 600 Martin 
Luther King Place, Room 360, Louisville, KY 40202-2230. Normal office 
hours are between 7:30 a.m. and 4 p.m., Monday through Friday, except 
holidays.

FOR FURTHER INFORMATION CONTACT:
Lieutenant Gregory A. Howard, Project Officer, U.S. Coast Guard Marine 
Safety Office, Louisville, Kentucky at (502) 582-5194.

SUPPLEMENTARY INFORMATION: 

    Drafting Information: The principal persons involved in drafting 
this document are Lieutenant Gregory A. Howard, Project Officer for 
the Captain of the Port, Louisville, Kentucky (502) 582-5196 and 
Lieutenant S. Moody, Project Attorney, Second Coast Guard District 
Legal Office, St. Louis, MO (314) 539-3900.

Background and Purpose

    On May 16, 1995 the Notice of Proposed Rule Making was published in 
the Federal Register at 60 FR 26012. No comments were received from the 
date of publication of the proposed rule until the end of the comment 
period on July 17, 1995. Therefore the Coast Guard is establishing this 
regulated navigation area by this final rule with only a minor change 
to the proposed rule.
    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 currents 
increase and become very unpredictable, making it difficult for 
downbound vessels to maintain steerageway. During the period of 1983-
1993 there were 13 marine casualties involving towboats from mile 468.5 
to mile 473.0 on the Ohio River. A review of the case documentation 
showed that seven of the thirteen cases mentioned high water 
specifically or used terms such as ``swift current'' or ``heavy 
current'' as contributing factors to the casualties. Nine of these 
cases involved tows greater than 600 feet in length; six of the cases 
involved downbound tows; and five cases occurred at night. 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 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 
rule is intended to establish a permanent Regulated Navigation Area in 
which restrictions are activated and deactivated as a function of river 
level. The number of days that traffic will be affected by this rule 
will vary from several days to several weeks depending on the river 
levels. A permanent Regulated Navigation Area will permit vessels and 
commerce using the Ohio River to plan and schedule their tow traffic 
accordingly.

Discussion of Regulations

    This rule would establish a Regulated Navigation Area on the Ohio 
River in the Cincinnati, Ohio area. The restrictions for the Regulated 
Navigation Area will 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 gauge. The rule prohibits transit by downbound 
tows containing cargoes regulated by title 46 Code of Federal 
Regulations Subchapter D and O which have a tow length exceeding 600 
feet in length not including the tow boat; requires all commercial 
vessels in the regulated navigation area to monitor VHF-FM 
radiotelephone Channel 13; requires all downbound commercial vessels to 
attempt to contact other vessels in the regulated navigation area 
shortly before entering the area (this is a change from the Notice of 
Proposed Rule Making which required contact shortly after entering the 
area); and prohibits 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 rule 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 rule 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).
    Because it expects the impact of this rule to be minimal, the Coast 
Guard certifies under 5 U.S.C. 605(b) that this 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 rule in accordance with the 
principles and criteria of Executive Order 12612, and has determined 
that this rule 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 rule 
and concluded that, under section 2.B.2 of Commandant Instruction 
M16475.1B, as revised by 59 FR 38654; July 29, 1994, this rule 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), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons set out in the preamble, The Coast Guard amends 

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    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; 33 CFR 1.05-1(g), 
6.04-1, 6.04-6, and 160.5; 49 CFR 1.46.

    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) (i) through (iv) 
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.
    (i) 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.
    (ii) No vessel shall loiter, anchor, stop, remain or drift without 
power at any time within the navigation channel of the RNA.
    (iii) All commercial vessels shall continually monitor VHF-FM 
channel 13 on their radiotelephone while in or approaching the RNA.
    (iv) Between Ohio River miles 464.0 and 466.0, downbound vessels 
shall make a broadcast in the blind, on VHF-FM channel 13 announcing 
their estimated time of entering the RNA.

    Dated: January 9, 1996.
Paul M. Blayney,
Rear Admiral, U.S. Coast Guard, Commander, Second Coast Guard District, 
St. Louis, MO.
[FR Doc. 96-1386 Filed 1-25-96; 8:45 am]
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