[Federal Register Volume 59, Number 117 (Monday, June 20, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14881]
[[Page Unknown]]
[Federal Register: June 20, 1994]
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DEPARTMENT OF TRANSPORTATION
33 CFR Part 165
[COTP St. Louis 94-009]
RIN 2115-AA97
Safety Zone; Upper Mississippi River, Mile 685.5 to Mile 688.5
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 prevent erosion of the pilot channel. The
regulation will restrict general 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 June 10, 1994 and will
terminate on July 7, 1994.
FOR FURTHER INFORMATION CONTACT:
LT Siddall, Operations Officer, Captain of the Port, St. Louis,
Missouri at (314) 539-3823.
SUPPLEMENTARY INFORMATION:
Drafting Information
The drafters of this regulation are ENS Andrew Cheney, 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, a falling river has contributed to shoaling and
necessitated creation of a pilot channel for safe navigation of the
area. As a result, the Coast Guard deems it to be in the public's best
interest to issue a regulation immediately.
Background and Purpose
Lowered river levels have reduced navigational channel depths in
this section of the Upper Mississippi River. Shoaling has resulted in
several groundings and the subsequent establishment of a narrow pilot
channel. This regulation is designed to protect the integrity of the
pilot channel and to ensure safe navigation of this part of the river.
Immediate publication is required to sustain commercial vessel
operation.
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 proposal to be so minimal; that a full Regulatory
Evaluation under paragraph 10E of the regulatory policies and
procedures of DOT is unnecessary because the restrictions are
anticipated to be of short duration. 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.
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
proposal and concluded that, under section 2.B.2. of Commandant
Instruction M16475.1B, this regulation is categorically excluded from
further environmental documentation as an action to protect public
safety.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting 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.T02-035 is added, to read as follows:
Sec. 165.T02-035 Safety Zone: Upper Mississippi River.
(a) Location. The Upper Mississippi River between mile 685.5 and
688.5 is established as a safety zone.
(b) Effective dates. This section becomes effective on June 10,
1994 and will terminate on July 7, 1994.
(c) Regulations. Under the general regulations of Sec. 165.23 of
this part, entry into this zone by all downbound vessels towing cargoes
is prohibited without helper boat assistance.
Dated: June 10, 1994.
A.L. Peek,
Commander, U.S. Coast Guard, Captain of the Port, Acting St. Louis,
Missouri.
[FR Doc. 94-14881 Filed 6-17-94; 8:45 am]
BILLING CODE 4910-14-M
