Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations 29021

16886), inviting comments on this

rulemaking. The deadline for comments

passed on May 20, 1996, with no

objections or other comments received.

In accordance with 5 U.S.C. 553, good

cause exists for making the rule effective

less than 30 days after Federal Register

publication. Delay in the effective date

would be contrary to the public interest

because immediate action is necessary

to prevent possible loss of life, injury, or

damage to property or the environment

at the time of the scheduled event.

Environment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that, under section

2.B.2.c of the Coast Guard Commandant

Instruction M16475.1B, it is

categorically excluded from further

environmental documentation, and has

so certified in the docket file.

Federalism

This action has been analyzed in

accordance with the principles and

criteria contained in Executive Order

12612, and it has been determined that

this regulation does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Regulatory Evaluation

This regulation is considered to be

nonsignificant under Executive Order

12866 on Regulatory Planning and

Review and nonsignificant under

Department of Transportation regulatory

policies and procedures (44 FR 11034 of

February 26, 1979).

Small Entities

The economic impact of this

regulation is expected to be so minimal

that a full regulatory evaluation is

unnecessary. Since the impact of this

regulation is expected to be minimal,

the Coast Guard certifies that, it will not

have a significant economic impact on

a substantial number of small entities.

Collection of Information

This regulation will impose no

collection of information requirements

under the Paperwork Reduction Act, 44

U.S.C. 3501 et seq.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Security measures, Vessels,

Waterways.

Regulations: In consideration of the

foregoing, the Coast Guard amends

Subpart C of Part 165 of title 33, Code

of Federal Regulations 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), 6.04–6, and 160.5; and 49

CFR 1.46.

2. A new temporary regulation is

added to read as follows:

§ 165.T09–002 Safety Zone: Lake Erie,

From Detroit, MI to Cleveland, OH.

(a) Location. The following area is a

moving safety zone: Within 200 yards of

the M/V AMERICAN REPUBLIC as it

transits Lake Erie from Detroit, MI to

Cleveland, OH.

(b) Effective Date. This section is

effective at 8 a.m. on June 9, 1996, and

terminates at 11 p.m. on June 9, 1996,

unless terminated earlier by the Coast

Guard Captain of the Port Detroit or

Cleveland.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into this zone is

prohibited unless authorized by the

Captain of the Port.

Dated: 29 May 1996.

Paul J. Pluta,

Captain, U.S. Coast Guard, Commander,

Ninth Coast Guard District, Acting.

[FR Doc. 96–14423 Filed 6–6–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Huntington 96–008]

RIN 2115–AA97

Safety Zone; Ohio River, miles 309.0 to

312.5; Vicinity of the Huntington West

End Bridge, Huntington, WV

AGENCY: Coast Guard, DOT.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard has

established an emergency safety zone on

the Ohio River, miles 309.0 to 312.5, in

the vicinity of the Huntington West End

Bridge, Huntington, WV. This regulation

is needed to control vessel traffic in the

regulated area to prevent potential

safety hazards for transiting vessels and

the general public resulting from a

sunken hopper barge located

approximately 300 feet downstream

from the West End Bridge and

subsequent salvage operations. The

barge extends from the center line of the

channel towards the left descending

bank and is at a depth of 9 feet at normal

pool of 24.7 feet on the Huntington

gauge. The barge is marked with two

lighted buoys and attended during

periods of darkness and inclement

weather by the M/V BUNKER BEAVER,

monitoring marine radio channels 13

and 16. This regulations prohibits

navigation in the regulated area during

periods of periodic navigation in the

regulated area during periods of

periodic closure without the express

permission of the Captain of the Port for

the safety of vessel traffic and the

protection of life and property along the

river. Periods of closure will be

announced via normally scheduled

Coast Guard Broadcast Notice to

Mariners or by Coast Guard personnel

onscene.

EFFECTIVE DATES: This regulation is

effective 7 p.m. EST on May 24, 1996.

It terminates on June 12, 1996 at 7 a.m.

EST, unless terminated sooner by the

Captain of the Port Huntington, WV.

FOR FURTHER INFORMATION CONTACT:

LTJG Todd A. Childers, Assistant Chief

of the Port Operations Department,

Captain of the Port, Huntington, West

Virginia at (304) 529–5524.

SUPPLEMENTARY INFORMATION:

Regulatory History

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

notice of proposed rulemaking was not

published for this regulation and good

cause exists for making it effective in

less than 30 days after Federal Register

publication. Following normal

rulemaking procedures will be

impracticable. Specifically, a sunken

barge at mile 310.8, Ohio River, has

created a situation which presents an

immediate hazard to navigation, life,

and property. The Coast Guard deems it

to be in the public’s best interest to

issue a regulation immediately.

Background and Purpose

The activities requiring this regulation

are the hazards posed by the sunken

hopper barge and salvage operations

that will be conducted for the recovery

of the sunken barge at mile 310.8, Ohio

River. The barge sank after taking on

water following an allision with the

Huntington West End Bridge while

being pushed by the M/V E.W.

THOMPSON on May 14, 1996. Due to

river conditions salvage operations will

not begin until on or about May 29,

1996. During salvage operations, the

designated area will be subject to

periodic closure and to traffic

restrictions as deemed necessary by on

scene Coast Guard representatives. This

regulation is also required by falling

water conditions on the Ohio River

which are resulting in reduced water

clearance over the sunken barge, making

passage over the barge by transiting

vessels extremely hazardous. The

Captain of the Port, Huntington, WV

will monitor the water conditions and

the salvage operations once initiated. In

order to provide for the safety of vessel

traffic, the Captain of the Port

Huntington intends to regulate vessel
29022 Federal Register / Vol. 61, No. 111 / Friday, June 7, 1996 / Rules and Regulations

traffic in that portion of the Ohio River

from miles 309.0 to 312.5 for all vessels

except those engaged in salvage or

surveying operations until this hazard is

mitigated. Transit of the area will be on

a case-by-case basis and only upon

specific approval and direction of the

Captain of the Port Huntington during

periods of river closure. The Ohio side

of the center channel is restricted in

width, and the West Virginia alternate

channel has been opened to provide safe

navigational waters. Representatives of

the Captain of the Port Huntington can

be reached via marine radio on channels

13 or 16. Salvage operators can be

reached by contacting the M/V

ARKANSAS TRAVELER on marine

radio channels 13 or 16. The M/V

BUNKER BEAVER will be stationed on

scene from 7 p.m. to 7 a.m. EST to

render assistance as needed to transiting

vessels. The M/V BUNKER BEAVER

will be monitoring marine radio

channels 13 and 16. Regularly

scheduled Broadcast Notice to Mariners

will be issued to keep vessel operators

appraised of the status of the safety

zone.

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 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 regulation to be such that

a full Regulatory Evaluation under

paragraph 10e of the regulatory policies

and procedures of DOT is unnecessary,

due to the duration of the actual river

closure.

Small Entities

The Coast Guard finds that the impact

on small entities, if any, is not

substantial. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this temporary 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

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.

Environmental Assessment

The Coast Guard considered the

environmental impact of this regulation

and concluded that, under section 2.B.2

of Commandant Instruction M16475.1B,

(as revised by 59 FR 38654; July 29,

1994) this regulation is categorically

excluded from further environmental

documentation.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Records and recordkeeping

requirements, Security measures,

Waterways.

Temporary Regulation

In consideration of the foregoing,

Subpart F of Part 165 of Title 33, Code

of Federal Regulations, is amended 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 temporary section 165.T02–008

is added, to read as follows:

§ 165.T02–008 Safety Zone: Ohio River

(a) Location. The Ohio River between

miles 309.0 and 312.5 is established as

a safety zone.

(b) Effective Dates. This section is

effective from 7 p.m. e.s.t. on May 24,

1996. It terminates on June 12, 1996 at

7 a.m. e.s.t. unless terminated sooner by

the Captain of the Port Huntington, WV.

(c) Regulations.

(1) Periods of river closure will be

announced by Broadcast Notice to

Mariners, and/or by Coast Guard

representatives on-scene via channel 13

and 16.

(2) Under the general regulations of

section 165.23 of this part, entry of

vessels into this zone during periods of

closure is prohibited unless authorized

by the Captain of the Port.

(3) All vessels must:

(i) Communicate with on-scene by

personnel from the Coast Guard Marine

Safety Office, Huntington, WV, and/or

the contract vessel M/V ARKANSAS

TRAVELER on channel 13 or 16 VHF–

FM to arrange for safe passage through

the safety zone during all periods of

closure.

(ii) Communicate with the contract

vessel M/V BUNKER BEAVER on

channel 13 or 16 VHF–FM to arrange for

safe passage through the safety zone at

all other times between the hours of 7

p.m. and 7 a.m. e.s.t. or during periods

of inclement weather.

(4) Vessels engaged in conducting or

supporting salvage operations may

continue to operate as necessary.

Dated: May 24, 1996, 5 p.m. e.s.t.

G.H. Burns, III,

Lieutenant Commander, U.S. Coast Guard,

Captain of the Port, Acting, Huntington, WV.

[FR Doc. 96–14425 Filed 6–6–96; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 165

[COTP Miami 96–039]

RIN 2115–AA97

Security Zone Regulations: U.S. Coast

Guard Base Miami Beach; Miami

Beach, FL

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: These regulations are initiated

to remove 33 CFR § 165.T0706. This

security zone regulation was established

to protect U.S. Coast Guard Base Miami

Beach and vessels moored thereto from

potential subversive acts by any

unknown person(s) hostile to the United

States. The potential threat stemmed

from the United States’ support of the

United Nations Resolutions calling for

the removal of Iraqi military forces from

Kuwait. The Iraqi military forces have

been removed from Kuwait and the

danger of subversive acts is no longer

present. Therefore, the Coast Guard is

removing 33 CFR § 165.T0706.

EFFECTIVE DATE: June 7, 1996.

FOR FURTHER INFORMATION CONTACT:

BMC J.L. Belk, project officer, Port

Management and Response Department,

USCG Marine Safety Office at (305)

536–5693.

SUPPLEMENTARY INFORMATION: The Coast

Guard finds in accordance with 5 U.S.C.

553, good cause exists for proceeding

directly to a final rule and making this

rule effective in less than 30 days. This

final rule removes a temporary security

zone put in place during the Gulf War

1991. The potential threat to U.S. Coast

Guard Base Miami Beach has not

existed since 1991 and the end of

hostilities with Iraq. Therefore,

publishing an NPRM or delaying the

effective date of this final rule is

unnecessary and the Coast Guard is

proceeding directly to final rule,

effective on publication in the Federal

Register.