Regulated Navigation Area: Oliver Lock and Dam; Black Warrior River-MM 338

DEPARTMENT OF TRANSPORTATION

33 CFR Part 165

[CGD08-93-027]

RIN 2115-AE79

Regulated Navigation Area: Oliver Lock and Dam; Black Warrior

River-MM 338

AGENCY: Coast Guard, DOT.

ACTION: Interim final rule.

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SUMMARY: The Coast Guard is establishing a Regulated Navigation Area at

the Oliver Lock and Dam at MM 338 of the Black Warrior River. This

regulation places restrictions on downbound tows passing through the

lock during periods of high Tail-Water Gauge readings. Strong currents

exist during high water conditions below the lock and dam that set

downbound tows against the right protruding bank. The regulations

applicable in this regulated navigation area in high water conditions

will alleviate this problem.

DATES: This regulation becomes effective on April 19, 1994. Comments on

this regulation must be received on or before June 3, 1994.

ADDRESSES: Comments should be mailed to Commander (mps), Eighth Coast

Guard District, Hale Boggs Federal Bldg., 501 Magazine St., New

Orleans, LA 70130-3396. Comments may also be hand-delivered to this

address. The comments and other materials related to this regulation

will be available for inspection and copying in room 1341 at the above

address. Normal office hours are between 7:30 a.m. and 4 p.m., Monday

through Friday, except holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Verne Gifford, Marine Safety Division, Eighth Coast Guard

District, room 1341, Hale Boggs Federal Building, 501 Magazine Street,

New Orleans, LA 70130-3396. Phone number: (504) 589-6188.

SUPPLEMENTARY INFORMATION: 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 from the date

of publication. Following normal rulemaking procedures would have been

contrary to the public interest. Several near miss marine casualties

have occurred previously as a result of the conditions cited above.

Immediate action is needed to prevent marine casualties and to protect

the environment during instances of high water.

Although this regulation is published as a final rule without prior

notice, an opportunity for public comment is nevertheless desirable to

ensure that the regulation is both reasonable and workable.

Accordingly, persons wishing to comment may do so by submitting written

comments to the office listed under ADDRESS in this preamble.

Commenters should include their names and addresses, identify the

docket number for the regulations, and give reasons for their comments.

Based upon comments received, the regulations may be changed.

Drafting Information

The Drafters of this regulation are LTJG R.S. Hoffmann, project

officer for the Captain of the Port, Mobile, Alabama, LT Verne Gifford,

project officer, Eighth Coast Guard District Marine Safety Division,

and CDR D.G. Dickman, project attorney, Eighth Coast Guard District

Legal Office.

Discussion of Regulations

These regulations have been established to decrease the risk of a

marine casualty or oil pollution incident below the Oliver Lock and

Dam. During normal river conditions, a tow leaving the lock has the

current coming over the dam moving the tow to the right, making it

difficult to move away from the lock wall and the right bank. The tows

must navigate around a point of land on the right descending bank,

which is fortified with rip-rap. In order to avoid this bank, they must

offset the current by powering toward the Hunt Oil Dock located on the

left descending bank in the same area. This situation is hazardous as a

tow may be pushed into the right descending bank or ram crude oil

barges docked at Hunt Oil, causing a major marine casualty or pollution

incident.

The recent incomplete removal of the deflector dike on the

downstream side of the Oliver Lock and Dam has accentuated the problem

of currents pushing downbound tows toward the right protruding bank as

they exit the lock. However, the problem will continue after removal of

the remainder of the deflector dike. In higher water conditions, the

currents are stronger and therefore the situation is even more

hazardous. Already these conditions have resulted in many near misses,

as reported by many of the towing companies using the lock.

The Coast Guard seeks to alleviate this situation by limiting tow

sizes as the water level increases. This makes maneuvering easier for

towboat operators because smaller tows have less area for the current

to affect and because smaller tows increase the horsepower per ton

ratio for the tow. Prohibiting downbound oil or hazardous material

barges from transitting the lock when the river is exceptionally high

will alleviate the danger of those products being released due to the

hazardous downbound conditions should a tow and barge have difficulty

navigating due to these hazardous downbound conditions.

Economic Assessment and Certification

This regulation is not considered to be a significant regulatory

action under Executive Order 12866 and is nonsignificant under

Department of Transportation regulatory policies and procedures (44 FR

11034; February 26, 1979). The economic impact has been found to be so

minimal that a full regulatory evaluation is unnecessary. This is based

on the following historic data provided by the Army Corps of Engineers

for percentage of days per year on which conditions exist on the Black

Warrior River that would require compliance with this regulation: a

Tail-Water Gauge reading of 102.3 feet or less--78% or 285 days per

year; a Tail-Water Gauge reading of 102.3 feet to 112.3 feet--16% or 58

days per year; a Tail-Water Gauge reading of 112.3 feet or greater--6%

or 22 days per year. Normal high water periods are during the months of

January through April. Transit statistics for the Black Warrior and

Tombigbee Rivers for the most recent year for which such statistics are

available, 1989, indicate that there were 8,110 towboat transits,

including 1,517 tank barge transits, which may be potentially affected

by these regulations. Additionally, the Coast Guard certifies that this

regulation will not have a significant economic impact on a substantial

number of small entities.

Federal Assessment

This action has been analyzed in accordance with the principles and

criteria contained in Executive Order 12612, and it has been determined

that this rulemaking does not raise sufficient federalism implications

to warrant the preparation of Federalism Assessment.

Environmental Assessment

This rule has been thoroughly reviewed by the Coast Guard. It has

been determined not to have a significant effect on the human

environment or environmental conditions and to be categorically

excluded from further environmental documentation in accordance with

section 2.B.2.c. of Commandant Instruction M16475.1B. The Coast Guard

welcomes comments on potential environmental impacts of this rule.

Paperwork Reduction Act

This rule contains no information collection or recordkeeping

requirements.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation (water), Reporting and

recordkeeping requirements, Security measures, Waterways.

Final Regulation

In consideration of the foregoing, 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 Sec. 165.809 is added to read as follows:

Sec. 165.809 Regulated navigation area: Oliver Lock and Dam; Black

Warrior River--MM 338.

The following restrictions apply to downbound loaded tows passing

through the Oliver Lock and Dam on the Black Warrior River at Mile

Marker (MM) 338:

(a) When the Tail-Water Gauge reading at the Oliver Lock and Dam is

102.3 feet or greater, loaded tank barge tows must not exceed 55 feet

in width and 600 feet in length, not including the towing vessel.

(b) When the Tail-Water Gauge reading at the Oliver Lock and Dam is

112.3 feet or greater, loaded open hopper barge tows must not exceed a

maximum of four barges and a width of 70 feet. Loaded tank barge tows

must not exceed a maximum of two barges and a width of 55 feet.

(c) When the Tail-Water Gauge reading at the Oliver Lock and Dam is

123 feet or greater, no tank or other barges loaded in bulk with oil or

hazardous material, as that term is defined under the provisions of 46

CFR 153.20, may transit the lock.

Dated: April 6, 1994.

C.B. Newlin,

Captain, U.S. Coast Guard, Commander, 8th Coast Guard Dist., Acting.

[FR Doc. 94-9410 Filed 4-18-94; 8:45 am]

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