[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Rules and Regulations]
[Pages 675-676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-269]
[[Page Unknown]]
[Federal Register: January 6, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP St. Louis Regulation 93-037]
RIN 2115-AA97
Safey Zone; Upper Mississippi River
AGENCY: Coast Guard, DOT.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a safety zone on the Upper
Mississippi River. This regulation is needed to control vessel traffic
in the regulated area to provide safe working conditions and navigation
within the affected area. The regulation will prohibit navigation in
the regulated area for the safety of vessel traffic and the protection
of life and property associated with bridge and span removal.
EFFECTIVE DATES: This regulation is effective December 21, 1993 and
will terminate on January 21, 1994 unless sooner terminated by the
Captain of the Port.
FOR FURTHER INFORMATION CONTACT: LT Timothy Deal, Operations Officer,
Captain of the Port, St. Louis, Missouri at (314) 539-3823.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are MK1 Christopher C. Schulz,
Project Officer, Marine Safety Office, St. Louis, Missouri and LCDR A.
O. Denny, Project Attorney, Second Coast Guard District Legal Office.
Regulatory History
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 nature of repairs to the Burlington Highway Bridge at
mile 404.2 Upper Mississippi River leaves insufficient time to publish
a notice of proposed rule making. The Coast Guard deems it to be in the
public's best interest to issue a regulation without waiting for a
comment period since the conditions present an immediate hazard.
Background and Purpose
Extensive renovation of the bridge is required and removal of the
center is to be accomplished from a vessel located in the navigation
channel and this action will impede normal traffic flow. As a result of
these conditions this regulation is necessary to provide safe working
conditions and navigation within the affected area.
Regulatory Evaluation
This regulation is not considered a significant regulatory action
under Executive Order 12866 and not significant under Department of
Transportation Regulatory Policies and Procedures (44 FR 11040;
February 26, 1979), it will not have a significant economic impact on a
substantial number of small entities, and it contains no collection of
information requirements.
The Coast Guard expects the impact of this regulation to be so
minimal that a Regulatory Evaluation is unnecessary. The imposed
restrictions are anticipated to be of short duration. To avoid any
unnecessary adverse economic impact on businesses which use the river
for commercial purposes, Captain of the Port, St. Louis, Missouri will
monitor the situation and will authorized entry into the closed area as
conditions warrant. Changes will be announced by Marine Safety
Information Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1
MHZ). Mariners may also call the Port Operations Officer, Captain of
the Port, St. Louis, Missouri at (314) 539-3823 for current
information.
Federalism Assessment
Under the principles and criteria of Executive Order 12612, this
regulation 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
proposal and concluded that, under section 2.B.2.g.[5] of Commandant
Instruction M16475.1B, this proposal is categorically excluded from
further environmental documentation as an action to protect public
safety.
List of Subject in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Records and
recordkeeping, Security measures, Waterways.
Temporary Regulation
In consideration of the foregoing, subpart C 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; CFR 1.46 and 33 CFR
1.05-1(g), 6.01-1, 6.04-6, and 160.5.
2. A temporary Sec. 165.T02-077 is added, to read as follows:
Sec. 165.T02-077 Safety zone: Upper Mississippi River.
(a) Location. The Upper Mississippi River between mile 403.2 and
405.2 is established as a safety zone.
(b) Effective dates. This regulation becomes effective on December
21, 1993 and will terminate on January 21, 1994.
(c) Regulations. The general regulations under Sec. 165.23 of this
part which prohibit entry into the described zones without authority of
the Captain of the Port apply. The Captain of the Port, St Louis,
Missouri will notify the maritime community of river conditions
affecting the areas covered by this safety zone by Marine Safety
Information Radio Broadcast on VHF Marine Band Radio, Channel 22 (157.1
MHZ).
Dated: December 17, 1993.
S.P. Cooper,
Commander, U.S. Coast Guard, Captain of the Port, St. Louis, Missouri.
[FR Doc. 94-269 Filed 1-5-94; 8:45 am]
BILLING CODE 4910-14-M
