Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations 2417

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 § 165.205 is added to read

as follows;

§ 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]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Louisville 96–001]

RIN 2115–AA97

Safety Zone; Ohio River, Cincinnati,

OH

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

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 January 19, 1996, at 2 p.m.

est. It will terminate at 8 a.m. est. on

February 1, 1996, 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 regulation

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 gage, 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 regulation 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 regulation 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

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 regulation 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

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.

Environment

The Coast Guard considered the

environmental impact of this regulation

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:

1. The authority citation for Part 165

continues to read as follows:
2418 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations

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 § 165.T02–071 is

added, to read as follows:

§ 165.T02–071 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 regulation

becomes effective on January 19, 1996,

at 2 p.m. est. It will terminate at 8 a.m.

est on February 1, 1996, unless sooner

terminated by the Captain of the Port

Louisville, Kentucky.

(c) Regulations. In accordance with

the general regulations of § 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 onehalf 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: January 19, 1996.

B.D. Branham,

Commander, U.S. Coast Guard, Captain of

the Port, Louisville, Kentucky.

[FR Doc. 96–1387 Filed 1–25–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Philadelphia, PA 96–004]

RIN 2115–AA97

Safety Zone Regulations: Delaware

Bay, Delaware River, Marcus Hook, PA

AGENCY: Coast Guard, DOT.

ACTION: Temporary rule.

SUMMARY: The Coast Guard is

establishing a temporary safety zone on

the Delaware River and Delaware Bay

from Marcus Hook, Pennsylvania, to the

Delaware Breakwater. This safety zone

is needed to protect vessels, the port

community and the environment from

potential safety and environmental

hazards associated with the transit of

the T/V HAVPRINS.

EFFECTIVE DATES: This rule is effective

from 11:59 p.m., on January 19, 1996

and terminates at 11:59 a.m., on January

29, 1996. The Captain of the Port,

Philadelphia, may, at an earlier date,

advise mariners by Broadcast Notice to

Mariners that the safety zone will not be

enforced.

FOR FURTHER INFORMATION CONTACT:

LTJG S.J. Kelly, Project Officer c/o U.S.

Coast Guard Captain of the Port, 1

Washington Ave., Philadelphia, PA.

19147–4395, Phone: (215) 271–4909.

SUPPLEMENTARY INFORMATION: In

accordance with 5 U.S.C. 553, a Notice

of Proposed Rule Making (NPRM) was

not published for this regulation and

good cause exists for making it effective

in less than 30 days after Federal

Register publication. The Coast Guard

was informed by the owner/operator of

the T/V HAVPRINS on January 11, 1996

of the intended transit of the T/V

HAVPRINS along the Delaware River.

Publishing a NPRM and delaying its

effective date would be contrary to the

public interest, since immediate action

is needed to protect the environment

and mariners against potential hazards

associated with the transit of the T/V

HAVPRINS while carrying liquefied

petroleum gas.

Drafting Information: The drafters of this

regulation are LTJG S.J. Kelly, project officer

for the Captain of the Port, Philadelphia, and

CDR T.R. Cahill, Project Attorney, Fifth Coast

Guard District Legal Staff.

Discussion of the Regulation

This safety zone is a specified area

around the LPG vessel while underway,

at anchor and during cargo operations.

It will be in effect during the T/V

HAVPRINS’s inbound transit of the

Delaware River and Delaware Bay and

during cargo operations. The

circumstances requiring this regulation

are the potential hazards associated

with the transportation of liquefied

petroleum gas by a large tankship in

heavily trafficked areas of the Delaware

River and Delaware Bay as well as in the

Ports of Philadelphia. This transit

consists of T/V HAVPRINS’s inbound

transit to Marcus Hook, Pennsylvania,

and cargo operations at the Sun Refining

and Marketing Refinery terminal on the

Delaware River, at Marcus Hook,

Pennsylvania. Coast Guard Captain of

the Port Philadelphia may impose

transit restrictions on vessels operating

within the safety zone while the T/V

HAVPRINS is loaded with LPG that

exceeds 2% of the vessel’s cargo

carrying capacity.

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

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

proposal to be so minimal that a full

Regulatory Evaluation under paragraph

10e of the regulatory policies and

procedures of DOT is unnecessary.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that under section

2.B.2.e. (34) of Commandant Instruction

M16475.1B (as amended by 59 FR

38654; 29 July 1994), this rule is

categorically excluded from further

environmental documentation.

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

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

it does not have sufficient federalism

implications to warrant the preparation

of a Federalism Assessment.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Security measures, Vessels,

waterways.

Temporary Regulation

In consideration of the foregoing,

Subpart F of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

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 § 165.T05–004 is added to

read as follows:

§ 165.T05–004 Safety Zone: Marcus Hook,

PA and the Delaware Breakwater.

(a) Location: A safety zone is

established for:

(1) All waters within an area which

extends 500 yards on either side and

1,000 yards ahead and astern of the T/

V HAVPRINS while the T/V HAVPRINS

is underway on the Delaware River in a

loaded condition in the area bounded by

the Delaware Breakwater and the Sun

Refining and Marketing Refinery

terminal at Marcus Hook, Pennsylvania.

(2) All waters within a 200 yard

radius of the T/V HAVPRINS while it is

moored at the Sun Refining and